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SECTION 1. When any will shall have been proved or authenticated, as herein before provided, letters testamentary may forthwith be granted by the orphans' court to the executor named in the will, in accordance with the provisions of this chapter.

SEC. 2. Letters testamentary shall not be granted to a person named as executor who, at the time when administration ought to be granted, shall be under the age of eighteen years, or of unsound mind, incapable by law of making a contract, or shall stand convicted of any crime rendering him infamous, or shall not be a citizen of the United States.

SEC. 3. No question respecting the qualifications of an executor shall be determined unless he be summoned, if within the District, or, if without the same, notice be given him by advertisement or otherwise, as the court may direct.

SEC. 4. A transcript of the record of conviction shall be evidence to prove the party infamous.

SEC. 5. When any person named as executor is alleged not to be a citizen of the United States, his citizenship shall not be established otherwise than by a certificate, under the seal of the office or court where the party was naturalized, or by competent testimony that he is a natural born citizen of the United States.

SEC. 6. The unsoundness of mind of a party named as executor shall be conclusively established by the inquisition of a jury, on a writ issued by the circuit court, finding him an idiot, lunatic, or non compos mentis, and confirmed by the said court; and if such inquisition shall not have been had, at the time when letters ought to be granted, the circuit or orphans' court may, on the petition of any person interested, grant a writ de lunatico inquirendo; and the finding of the jury as above provided, on being returned to and confirmed by the court issuing the same, shall be conclusive against the party. A certificate from the clerk of the circuit court, under seal, stating the substance of the proceedings, shall be evidence in the orphans' court.

SEC. 7. Every person named in a will as executor shall be presumed to be eighteen years of age until the contrary is proved.

SEC. 8. No married woman shall be entitled to letters testamentary, unless her husband shall give bond, as is hereinafter required of executors, for the faithful performance of her duties.

SEC. 9. An executor may, by an attested writing to that effect filed in the orphans' court, renounce the trust: provided, however, that, notwithstanding such renunciation, or even failure to qualify as hereinafter provided, he may take out letters at any time before they are actually granted to another.

Ssc. 10. Any executor who shall have been present at the probate or authentication of a will, and who shall not, within thirty days thereafter, qualify, shall be taken to have renounced.

SEC. 11. Any executor not present at the probate or authentication of a will, but within this District, shall be summoned by the orphans' court. Such summons shall be returnable not less than twenty nor more than forty days from its date; and if returned " summoned," and the executor shall not appear and qualify within twenty days thereafter, or if two summonses shall be returned "non est," and the executor shall not, within twenty days after the return of the second summons, appear and qualify, he shall be taken to have renounced the trust, unless, on reasonable excuse made by him, or on his behalf, the court shall allow him a further time, not exceeding forty days, after such return or appearance, within which to qualify.

SEC. 12. Any executor who may be out of the District at the time the will is proved or authenticated, shall be allowed four months. thereafter within which to qualify; but if, within that period, he shall return to the District, he may, at the option of other parties, be proceeded against as if he had been in the District at the time of probate or authentication, and on failure to qualify, he shall be taken to have renounced.

SEC. 13. When more than one excutor is named in a will, and any of them shall renounce, or be found incompetent to act, as hereinbefore provided, letters testamentary may be granted to the rest as if none others had been mentioned in the will.

SEC. 14. No executor shall, before letters testamentary are granted to him, dispose of any part of his testator's property, or interfere therewith, further than may be necessary for its preservation; but all acts done by an executor before obtaining letters shall, if he afterwards obtain them, be valid, and his bond shall be responsible therefor. In any action brought by him, a certificate of the register of wills of the grant of letters at any time before trial or final hearing shall be sufficient evidence of title to bring such action.

SEC. 15. Before letters testamentary are granted to an executor, he shall qualify by giving the bond and taking the oath herein required; provided that when the will directs that an executor shall not give security, the judge of the orphans' court shall not require it of him unless on the application of some person interested, or when from his own knowledge he thinks security should be required.

SEC. 16. Such bond shall be executed to the United States, with at least two sufficient sureties, to be approved by the orphans' court. In form it shall be joint and several, and the penalty thereof shall be double the value of the property of which the executor will have charge, which may be ascertained by the examination, on oath, by the judge, of the party applying, or any other person.

SEC. 17. The condition of such bond shall be, that the executor will faithfully execute the duties of his office according to law, and shall be in form following, or to the same effect:

"The condition of the above obligation is such, that if the above bounden shall faithfully perform the duties of his office as -, deceased, according to law, then the above obligation shall be void; otherwise, it is to remain in full force."

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SEC. 18. Such bond shall be lodged and recorded in the register of wills' office; and any person may have on demand a copy of it, certified by the register under his hand and the seal of the orphans' court, upon which an action may be maintained in the name of the party interested.

SEC. 19. The bond of any executor above eighteen and under twenty-one years of age shall be binding as if he were of full age; as shall also the bond of any husband of like age given on letters granted to his wife.

SEC. 20. The oath to be taken by an executor shall be in the following form:



do swear, that I will faithfully discharge the duties

imposed on me by law as executor of

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deceased, late of

to the best of my knowledge: So help me God.

SEC. 21. The following shall be the form of letters testamentary, to be granted under the seal of the orphans' court:

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Washington county, District of Columbia, sct.

To all persons to whom these presents shall come, greeting.

Know ye, that the last will and testament of

late of

deceased, hath been, in due form of law, exhibited, proved, and recorded in the office of the register of wills for Washington county, District of Columbia, a copy of which is to these presents annexed; and administration of the estate of said deceased is hereby the executor named in the

committed unto





judge of the orphans' court for Washington

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17. Proceedings on renunciation of party en-

18. Same, on party failing to qualify.
19. When judge of orphans' court or regis
ter of wills may have administration.
20. Administrator to give bond and take
oath as required of executor.
21. Administration revoked by grant of let-
ters testamentary on subsequent pro-
bate of will.

22. Such executor entitled to prosecute and
defend actions commenced by or against

23. And how entitled to judgments obtained
by administrator; and bound by those
against him, except when, &c.
24. When and to whom letters of adminis-
tration, de bonis non, may be granted.
25. The form of same, and authority con-
ferred by them.

26. Bonds, &c., to be delivered over to ad-
ministrator, de bonis non, by adminis-
trator or executor of deceased adminis-
trator or executor.


27. If not done, what bonds shall be liable to suit.

28. Such administrator or executor to return, on oath, a list of such bonds, &c.

29. Commission thereon; when and how allowed him.

30. When letters of administration durante minoritate may be granted.


31. When and to whom administration pendente lite may be granted.

32. How same revoked by grant of letters testamentary.

33. When administration shall be granted to the marshal.

SECTION 1. If no executor be named in a will, or if the sole executor or all the executors named therein, shall renounce or be found incompetent, letters of administration, with a copy of the will annexed, shall be granted as in cases of intestacy: provided, however, that, sbould there be a residuary legatee or legatees, he or they shall be preferred to all but a widow; and it shall be incumbent on the orphans' court to proceed in the manner herein before directed with respect to executors within the District before administration shall be granted to any other person; and a male residuary legatee shall be preferred to a female.

SEC. 2. When any person hath died intestate, leaving in this District any chattels or personal property, administration may be granted thereon by the orphans' court, as hereinafter provided. The form of the letters of administration shall be as follows:


Washington county, District of Columbia, sct.

To all persons to whom these presents shall come, greeting:

Know ye, that whereas

late of

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deceased, hath died intestate, as it is said, leaving certain goods, chattels, and personal estate to be administered, administration of all and singular the goods and chattels, rights and credits, of the said

deceased, is hereby granted and committed unto

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judge of the orphans' court for Washington
day of
in the year

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SEC. 3. The qualifications of an administrator shall be the same as herein before prescribed for an executor, save that, in respect to age, no one shall be appointed administrator who has not attained full

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