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valent, with interest, whenever so directed by the court; and the orphans' court shall have power to determine, in a summary manner, on any such petition, after a summons against the administrator duly returned summoned.

SEC. 8. The court may also, in like manner, on the petition of any person in such circumstances to whom a specific legacy or bequest has been made, and on being satisfied that the assets, exclusive of all specific legacies, will not be nearly exhausted by debts, direct. the administrator to deliver to the petitioner the specific legacy or bequest, on his giving bond as aforesaid.

SEC. 9. If, by the provisions of a will, it shall be necessary for an executor, or an administrator with the will annexed, to retain in his hands the personal estate, or a part thereof, after all just claims are discharged, (as where money or some other thing is directed to be paid or delivered at a distant period, or upon a contingency,) the circuit court, or the orphans' court, shall have power, on the application of such executor or administrator, or of a party interested, to direct by its order what part of the personal estate shall be retained or appropriated for the purpose, and in what manner it shall be disposed of, and the legacy or benefit intended by the will shall be secured for the person to be entitled at a future period or contingency; and how the necessary part of the personal estate to be appropriated for the purpose shall be made productive, and be applied agreeably to the intent of the will, or the construction of law, in case the contingency shall not take place.

SEC. 10. An executor, or an administrator, with the will annexed, who shall be authorized by the will to sell real estate, shall account for the proceeds of sales with the orphans' court, and his bond shall be liable for the same. He may be allowed a commission on such sales, not exceeding that herein prescribed as compensation to administrators.

SEC. 11. If an administrator shall fail to return an account, as herein before directed, his letters, on the application of any person interested, may be revoked, and the party who succeeds to the administrator may put the delinquent's bond in suit.

SEC. 12. The administrator of a deceased administrator, who shall die before an account of his administration has been rendered, shall

render the same, showing the amount of the assets received, and the payments made by his decedent.

SEC. 13. The husband of an administratrix, who shall die before a final account of her administration shall have been settled, shall render an account showing thereby the amount of assets received and payments made by such administratrix, or that have been received or paid by him, and not before accounted for with the court; and in case of the refusal so to do, the court may proceed against him. by attachment, and may commit him until he shall comply.

SEC. 14. No executor, or administrator, with the will annexed, shall be obliged to exhibit an invetory or account, who, instead of the bond herein before directed, will give one in such penalty, and with such security, as the court may approve, to be recorded and sued on as before directed, conditioned "for paying all just debts of, and claims or demands against, the deceased, and also all legacies bequeathed by the will;" provided such party be residuary legatee, or the residuary legatee of full age shall notify his consent thereto in writing to the court. If such bond be given, the executor or administrator shall be answerable for all debts, claims, or demands as aforesaid, and any legatee may recover the full amount of his legacy, and in an action therefor, the giving of such bond shall be considered as an assent to the legacy.

SEC. 15. No administrator entitled to the whole residue, after payment of debts, claims, and demands against the intestate, shall be obliged to return an inventory or account, provided he will give bond with such security and in such penalty as the court shall approve, conditioned "for paying all debts, claims, and demands against the deceased;" and, in case he shall give such bond, he shall be answerable for all such debts, claims, and demands, as in the preceding section.

SEC. 16. An administrator shall be allowed the following commissions upon the amount of the assets collected and accounted for by him, excluding what is lost or hath perished, and the same shall be in full for all his ordinary services; that is to say: on the first thousand dollars, at the rate of ten per cent.; on all above that sum, and not exceeding five thousand dollars, at the rate of five per cent.; and on all above five thousand dollars, at the rate two per cent. And in

all cases such further allowances shall be made to reimburse his actual and necessary personal expenses as the court shall consider just and proper, not exceeding in amount one-half of the sum allowed him for commissions.

SEC. 17. If any provision be made in a will by way of compensation to an executor, the same shall be deemed a full satisfaction for his services, in lieu of the aforesaid allowances, or his share thereof, unless he shall, by writing, filed in the orphans' court, renounce all claim to the provision made in the will.

SEC. 18. When all the debts of an estate exhibited and proved, or known and not barred, shall have been discharged or allowed to be retained for, as herein before directed, the administrator shall make distribution of the surplus as follows:

SEC. 19. If the intestate leave a widow and no child or descendant, parent, brother or sister, or the child of a brother or sister, the widow shall be entitled to the whole.

SEC. 20. If there be a widow and no child or descendants of an intestate, but the intestate shall leave a father or mother, a brother or sister, or a child of a brother or sister, the widow shall have one-half.

SEC. 21. If there be a widow and a child, or a descendant from a child, the widow shall have one-third only.

SEC. 22. The surplus, exclusive of the widow's share, or the whole surplus, if there be no widow, shall go as follows:

SEC. 23. If there be a child or children and no other descendants, the surplus shall go to such child, or be divided equally among them when there is more than one.

SEC. 24. If there be a child or children and a child or children of a deceased child, the child or children of such deceased child shall take such share as his or their deceased parent would, if alive, be entitled to; and every other desendant in existence at the death of the intestate shall stand in the place of his deceased ancestor: provided, however, that if all the children of the intestate be dead, and their descendants be related in equal degree to the intestate, they shall then take the surplus equally, and not by representation.

SEC. 25. If there be a father and no child or descendants, the father shall have the whole.

SEC. 26. If there be a brother or sister, or child or descendant of a brother or sister, and no child, descendant or father of the intestate,

such brother, sister, or child, or descendant of a brother or sister, shall have the whole. Every brother and sister shall be entitled to an equal share; and the child or descendant of a brother or sister of the intestate shall stand in the place of such brother or sister, except all the brothers and sisters be dead, when their descendants, if related to the intestate in equal degree, shall take equally, and not by representation.

SEC. 27. If the intestate leave a mother and no child, descendant, father, brother, sister, or descendant of a brother or sister, the mother shall be entitled to the whole; and in case there be no father, a mother shall have equal share with the brothers and sisters of the intestate and their descendants.

SEC. 28. After children, descendants, father, mother, and brothers and sisters of the intestate, and their descendants, the nearest collateral relations within the fifth degree shall take, and no representation amongst such collaterals shall be allowed; and there shall be no distinction between the whole and half blood.

SEC. 29. If there be no collaterals entitled to take, a grandfather may take, and if there be two grandfathers, they shall take alike; and a grandmother, in case of the death of her husband, the grandfather, shall take as he might have done. After them, other ancestors, in their order, may take in like manner.

SEC. 30. If any person entitled to distribution shall die before the same be made, his share shall go to his representative.

SEC. 31. If there be no relations of the intestate within the fifth degree-which among collaterals shall be reckoned by counting down from the common ancestors to the more remote member-the surplus shall go to the United States, and shall be divided among the public schools of this District, as is provided in Part I with regard to fines.

SEC. 32. The distributive share of any descendant of an intestate shall be taken, always subject to the provision of section seven, chapter fifty-one, of this Code, with regard to advancements. But the widow shall have no advantage by bringing such advancement into reckoning; and the maintenance or education of a descendant, or money given to him without a view to a portion or settlement in life, shall not be deemed an advancement.

SEC. 33. Posthumous children of intestates shall take in the same manner as if they had been born before the death of the intestate;

but no other posthumous relation shall be considered as entitled to distribution in his own right.

SEC. 34. The illegitimate child of any female may take and transmit personal estate from his mother, as if born in lawful wedlock. And if any illegitimate child shall die intestate, without issue entitled to same, his personal estate shall go to his mother.

SEC. 35. In case the surplus remaining in the administrator's hands, after payment of all just debts exhibited and proved, or known, and not barred, or after retaining for the same, shall consist of specific articles of property mentioned in the inventory, the same may be distributed in the manner provided in this and the following section. The administrator, if he cannot satisfy the parties, may apply to the orphans' court to make distribution, and, by summons, call upon the parties to appear; and the court may, at the appointed time, proceed to distribute. But if a majority, in point of value, shall neglect to appear, or, appearing, shall object to the distribution of the articles, or if the court shall deem a sale of such articles, or any of them, more advantageous, a sale shall be directed accordingly, and the rules herein before laid down relative to sales by order of the orphans' court shall be observed.

SEC. 36. Or the orphans' court may appoint two disinterested persons, not in any way related to the parties concerned, to make such distribution among them as shall seem proper; and if, in their opinion, upon a view of such articles, no distribution among the parties entitled can be made which would operate equally, but a sale would appear more advantageous, these facts shall be certified to the court in writing, and the court shall thereupon order a sale, and the proceeds thereof, as also the proceeds of sales under the preceding section, shall be distributed among the parties entitled.

SEC. 37. Every account returned by an administrator to the orphans' court shall be verified by his oath.

SEC. 38. A devise of lands, or any estate therein, or bequest of personal property, to the wife of a testator, or to any other person in trust for her, shall, if intended to be in lieu of her distributive share of his estate, bar her of the same, unless she shall renounce the provision, as herein before provided, to save dower; and the same rule of construction, to ascertain the intention of the testator, shall govern.

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