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SEC. 3. Before such letters are granted, the person to be appointed collector shall, using his proper title, give bond and take oath as is required of executors. Such bond shall be filed, recorded, and sued on, as is herein before prescribed for executors' bonds, and it shall, in all other respects, be on the same footing as an executor's bond.
SEC. 4. A collector shall have power to collect and preserve the goods, chattels, personal estate, and debts of the deceased, and to secure the same at such reasonable expense as may be allowed by the orphans' court. He shall cause the same to be appraised, and return an inventory thereof, in the manner hereinafter prescribed for an administrator; and he may, under an order of the orphans' court, sell perishable articles.
SEC. 5. Every collector shall, unless sooner superseded, return, within one month of the date of his letters, with an affidavit of the truth annexed, an inventory of the money of the deceased which has come to his hands.
SEC. 6. A collector may bring suit for the recovery of debts or other property belonging to the deceased, and in case his letters shall be revoked pending any such action, the administrator or executor receiving letters shall have the same control over such action, and the benefit of all judgments obtained thereon, as is hereinbefore given in chapter fifty-four, sections twenty-two and twenty-three, on the revocation of letters of administration.
SEC. 7. The orphans' court may allow a collector, as compensation, such a commission as it shall deem just, not exceeding three per cent., on the amount of property and debts collected and afterwards delivered to the executor or administrator.
SEC. 8. On the granting of letters testamentary or of administration, the collector's letters shall be deemed revoked, and his power shall cease. He shall, on demand, deliver to the executor or administrator the property and debts of the deceased collected by him, except such portion thereof as he may be allowed to retain as compensation, and such delivery may be enforced by attachment and a fine not exceeding two hundred dollars, and his bond may be sued by the executor or administrator.
SEC. 9. The qualifications of a person to be appointed collector shall be the same as those hereinbefore prescribed for an administrator, and when disputed they shall be tried in like manner.
OF THE INVENTORY AND LIST OF DEBTS.
1. Certain terms; how construed.
2. Administrator to return inventory in one month.
3. Court to issue warrant to two appraisers. 4 Form of warrant to appraise.
5. On death, &c., of appraiser another warrant to issue.
6. Appraiser's oath.
7. When appraiser to notify parties interested.
8. Duty of appraisers.
9. Administrator failing to return inventory; penalty of.
10. How same may be returned by one of several administrators.
11. Administrator may adopt collector's in
ventory, or return a new one.
12. When and how administrator to return an additional inventory.
13. What property of deceased exempt from appraisement.
14. The inventory to include all other assets
15. What shall be deemed assets.
17. Administrator concealing or not return-
19 An administrator not answerable for
21. Naming a party as executor not to extinguish claim against him.
22. When inventory may be dispensed with.
SECTION 1. Every executor and administrator shall observe the following provisions in the settlement of the estates of deceased persons; and the rights, duties, and liabilities of executors and administrators, unless otherwise hereinafter provided, shall be the same. The term decedent shall be taken to mean either a testator or intestate; and the word administrator hereinafter used in this title shall, unless otherwise expressly declared, be construed to mean both executors and administrators.
SEC. 2. Every administrator shall, within one month after the grant of administration, unless a longer time be allowed by the orphans' court, return thereto an inventory of the personal estate of his decedent, with an appraisement of the same, made in the following
SEC. 3. At the time of granting administration, a warrant shall be issued by the court or register to two persons not related to the deceased, nor interested in the administration, directing them to make an appraisement.
SEC. 4. The form of such warrant shall be as follows:
District of Columbia.
This is to authorize you jointly to appraise the personal estate of deceased, so far as it shall come to your sight or knowledge, each of you having first taken the oath hereto annexed, a certificate whereof you are to return attached to an inventory of such personal estate, in which inventory you are to set down the appraised value of each article in dollars and cents.
judge of the orphans' court.
Register of Wills.
SEC. 5. On the death of any appraiser, or his refusal or neglect to act, another warrant may be issued.
SEC. 6. Before proceeding to act, the appraisers shall take the following oath, before any person authorized to administer oaths:
“I, do swear, that I will truly value, without partiality or prejudice, the personal estate of, deceased, so far as the same shall come to my sight or knowledge, and will in all respects perform my duty as appraiser to the best of my skill and judgment: So help me God."
SEC. 7. If there be any person interested in the administration within the District of Columbia, it shall be the duty of the administrator to give notice to such person, or, in case there be more than one, to at least two of them, of the time and place appointed for making the appraisement.
SEC. 8. The appraisers shall set down each article, with the value thereof in dollars and cents, and cast up the contents of each column and of the whole, and return the inventory, under their hands and seals, to the administrator, who shall deliver the same, with the warrant and the oaths of the appraisers annexed, to the court or register.
SEC. 9. If an administrator shall fail to return an inventory within the time herein directed, the orphans' court may attach and fine him, not exceeding fifty dollars. The court may also, ex-officio, or on the application of any person interested, issue a summons for such administrator, returnable in not less than ten nor more than thirty days, to show cause why such inventory has not been exhibited; and
upon a return of "summoned," or two returns of "non est," if the party fail to appear, or, appearing, fail to show cause for his neglect, his administration may be revoked.
SEC. 10. Any one administrator may, upon the neglect of his coadministrator, return such inventory, and thenceforth the co-administrator shall cease to have any part in the administration, unless, within two months from such return, he shall assign to the court satisfactory excuse for his neglect.
SEC. 11. When an inventory has been returned by a collector, an administrator may, in his discretion, either return a new inventory, or, by an acknowledgment of his purpose, in writing, to be filed in the register of wills' office, adopt the inventory of the collector.
SEC. 12. Whenever personal property of the decedent, not mentioned in an inventory already returned, shall come to the possession or knowledge of an administrator, an inventory of the same shall be returned within one month from the discovery thereof, appraised by two disinterested sworn appraisers, appointed as hereinbefore provided; and the making and return of such inventory shall be enforced in the same manner as provided with respect to the first inventory. SEC. 13. The following articles shall be exempt from appraisement, and be omitted in making the inventory, to wit:
First. All property not liable to have been taken at law, in the lifetime of the deceased, on an execution against him.
Second. All articles of apparel or ornament of the widow suitable to the station and estate of her husband; and also all the apparel of the minor children, if there be any.
Third. When the decedent shall leave a child, grandchild, or widow, his wearing apparel, not to include jewelry of any kind, shall be exempt from appraisement, and shall belong first to such child, and if no child, then to the grandchild, and if there be neither child nor grandchild, then to the widow of the decedent. If there be more than one child or grandchild entitled, the administrator shall make such a division among them as he shall think proper.
SEC. 14. With the exceptions provided for in the section immediately preceding, and the debts due the decedent, all his assets shall be included in such inventory.
SEC. 15. The following shall be deemed assets in the hands of an administrator, to wit: leases for years; estates for the life of another,
except those granted to the deceased and his heirs only; the crop on the land of the deceased by him begun; things annexed to the freehold or building which may be removed without prejudice to the building, and all debts due deceased, and negroes, produce, and every other species of personal property, except those things denominated heir looms.
SEC. 16. If an administrator shall believe that any person conceals any part of decedent's personal property, he may file a petition in the orphans' court alleging such concealment, and the court shall compel an answer thereto on oath, and if satisfied, upon an examination of the whole case, that the party charged has concealed any part of such property, may order the delivery thereof to the administrator, and may force obedience thereto by attachment and fine not exceeding three hundred dollars, or by sequestration of property.
SEC. 17. If any person interested in the decedent's estate shall, by petition, allege that the administrator has concealed, or has in his hands, and has not returned in the inventory or list of debts, any part of his decedent's assets, the orphans' court may compel an answer to such petition; and should it finally adjudge in favor of the allegations of the petition, in whole or in part, it shall order an additional inventory and appraisement, or list of debts, to be made, to comprehend the assets omitted, and may enforce obedience to such order as provided in the previous section, and may also revoke the administration. SEC. 18. Every administrator shall, within one month from the grant of administration, return, with an affidavit of the truth annexed, an inventory of the money belonging to his decedent which has come to his hands, and also of the claims, debts, or demands due him which have come to his knowledge. He shall specify the nature of each debt, distinguishing such as are in his opinion good from those he shall deem desperate.
SEC. 19. Such return as to the character of the debts shall be made to enable the court, and others interested, to form a just estimate of the circumstances of the deceased, but shall not be held to fix upon the administrator a liability for a debt which he shall return as good. if the same be not collected.
SEC. 20. The court shall examine every list of debts returned by an administrator, and for every debt which the court shall not mark as desperate or improper to be put in suit, the administrator shall com