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Proceeds of real

property to be ap

the notice of appointment of the executor or administrator, shall be paid in the following order, and those presented and allowed or established in like manner with each succeeding period of six months thereafter during the continuance of the administration in the same manner: First, funeral charges; second, taxes of whatever nature due the United States; third, expenses of last sickness; fourth, all other taxes of whatever nature; fifth, debts preferred by the laws of the United States; sixth, debts which at the death of the deceased were a lien upon his property or any right or interest therein according to the priority of their several liens; seventh, debts due employee of decedent for wages earned within the ninety days immediately preceding the death of the decedent; eighth, all other claims against the estate.

SEC. 873. The preference given by subdivision sixth of the last section shall extend only to the proceeds of the property upon which plied in satisfac- the lien exists, and as to such proceeds such debt is to be preferred to any of the classes mentioned in such section other than the taxes upon such property.

tion of lien.

How judgment SEC. 874. If such debt has been established by judgment against or decree satisfied the deceased in his lifetime, such judgment, if the proceeds of the when given in lifetime of deceased. personal property be not sufficient to satisfy it, may, in the discretion of the commissioner, be either satisfied from the proceeds of the sale of the property by the executor or administrator upon which it is a lien, or enforced by execution against such property. Such sale by the executor or administrator discharges the property from the lien of the judgment, but the same attaches to the proceeds thereof, after deducting therefrom the expenses of sale.

If estate insuffi

cient, payment to be in proportion.

Funeral charges, who may incurand when allowed.

Administrator

may retain compensation and expenses.

Debts not due or contingent.

Administrator

SEC. 875. Except as specially provided in the last three sections, if the estate be insufficient to pay all the claims and charges of any one class, payable within any period of six months during the administration, as provided in section eight hundred and seventy-two, each creditor of such class shall be paid in proportion to the amount of his claim and not otherwise.

SEC. 876. The executor named in the will, or if there be none, or if he do not attend to it, then the husband, widow, or next of kin, in the order herein named, are authorized to incur funeral charges on account of the estate in the burial of the deceased before administration of the estate is granted, and the burial of the deceased may be in a manner and at a cost according to his circumstances and condition in life; but no funeral charges, except those necessary to give the deceased a plain and decent burial, shall be allowed out of the estate where the assets are not sufficient to satisfy all other claims against it, including the legacies and devises, if there be any.

SEC. 877. The executor or administrator may retain in his hands, in preference to any claim or charge against the estate, the amount of his own compensation and the necessary expenses of administration.

SEC. 878. A debt due and payable is not entitled to preference over one of the same class not due if the latter be presented within the same period. A debt not due, whether contingent or absolute, upon being presented shall, if absolute, be satisfied by the payment of such sum as the commissioner may prescribe by order to be equal to its present value, and if contingent, by the payment into court for the benefit of the creditor, subject to the contingency, of a sum, to be ascertained in like manner, equal to its present value.

SEC. 879. When, upon the filing of a semiannual account, an order liable to creditor is made determining and prescribing the amount of assets applicable personally, when. to the claims then presented, as provided in section eight hundred and sixty-one, thereafter the executor or administrator is personally liable to each creditor included in such order for such amount.

Distribution and

SEC. 880. If all the charges and claims shall have been satisfied upon payment of lega- the first distribution of the assets, or as soon thereafter as they may

cies.

be, the commissioner shall direct the payment of legacies and the distribution of the remaining proceeds of the personal property among the heirs or other persons entitled thereto.

When real propdischarged administra

from

SEC. 881. The real property of the deceased is the property of those to whom it descends by law or is devised by will, subject to the posses- erty sion of the executor or administrator, and to be applied to the satisfac- tion. tion of claims against the estate, as by this chapter provided; but upon the settlement of the estate and the termination of the administration thereof so much of such real property as remains unsold or unappropriated is discharged from such possession and liability without any order or decree therefor. But if there be any surplus of the proceeds of sale of such real property, or any part thereof, the commissioner shall order and direct a distribution of such surplus among those who would have been entitled to such land if the same had not been sold.

Application of

son for share of estate.

SEC. 882. At any time after the filing of the first semiannual account any heir, devisee, or legatee may apply to the commissioner by petition heir or other perfor an order that he have the possession and rents and profits thereof of the portion of the real property to which he may be entitled, and that payment be made to him of his legacy or distributive share of the personal property of such estate, as the case may be.

Notice and pro

SEC. 883. Notice of the application shall be given to the executor or administrator thirty days before the time at which it is made. If ceedings thereon. upon the hearing it appear that the estate is but little in debt, the commissioner may, in his discretion, grant the petition or some part thereof upon the condition that such applicant file with the commissioner, within a time in the order specified, an undertaking, with one or more sufficient sureties, for the benefit of whom it may concern, in a sum double the value of such real property, legacy, or distributive share, to be void upon the condition that such heir, legatee, or devisee will pay, when required, his portion toward satisfying any claim against the estate.

Qualification of

SEC. 884. The sureties in such undertaking shall have the same qualifications as sureties in bail upon arrest, and shall justify before the sureties in undercommissioner in like manner. The costs of the proceeding shall be taking, and costs. paid by the applicant.

Application for

SEC. 885. If after the giving of such undertaking it shall become necessary, to satisfy any claim against the estate, to require the pay- decree to refund. ment of all or any part of the sum therein specified, it shall be the duty of the executor or administrator to apply by petition to the commissioner for a decree to that effect. Notice of the application shall be given to the party filing the undertaking twenty days before the time at which the application is made.

SEC. 886. If upon the hearing it appear necessary and proper that such payment should be made, the commissioner shall decree accordingly, specifying therein the amount to be paid, and within what time; and if the amount be not paid within the time specified, the decree may be enforced against such party and the sureties in the undertaking, by execution, in the same manner as a judgment in the district court.

Proceedings thereon, and how

decree enforced.

Next of kin to be guardian.

Commissioner

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887. Next of kin to be guardian.
888. Commissioner to appoint guardian.
889. Who to nominate guardian.
890. Powers and duties of guardian.
891. Bond of guardian.

892. Testamentary guardian.
893. Bond of testamentary guardian.
894. Guardian in judicial proceedings.
895. Guardians for insane persons, etc.
896 Guardian for insane person.
897. Powers and duties of guardians of
insane person.

898. Guardian for spendthrift.

899. Order of notice to be filed with the
clerk of district court.

900. Allowance for defense of ward.
901. Guardian for spendthrift, powers
and duties.

902. Payment of debts in settlement of

accounts.

Sec.

903. Management of ward's estate.
904. Inventory and appraisal of the
ward's estate.

905. Management and investment of
property.

906. Removal or resignation of guardian.
907. Marriage of female ward.
908. New bond.

909. Action against sureties on guardian's
bond.

910. Proceedings in case of suspected embezzlement.

911. Guardians for nonresident minors.
912. Powers and duties of such guardians.
913. Bond of.

914. First guardianship exclusive.
915. Expenses and compensation.
916. Joint account.

917. "Insane person" and "spendthrift”
defined.

SEC. 887. Whenever it becomes the duty of a commissioner to appoint a guardian for a minor, the relatives of such minor, whether male or female, upon application to the commissioner, shall in all cases be appointed, the nearest relative having precedence: Provided, Said applicant shall be of good moral character and be otherwise competent to discharge the duties of guardian to such ward.

SEC. 888. The commissioner for each precinct, when it shall appear to appoint guard- to him necessary or convenient, may appoint guardians to minors and others being inhabitants or residents in such precinct, and also such as shall reside without the district and have any estate within the same.

ian.

Who to nominate guardian.

Powers and duties of guardian.

Bond of guard

ian.

SEC. 889. If the minor is under the age of fourteen years the commissioner may nominate and appoint his guardian, and if he be above that age he may nominate his own guardian, who, if approved by the commissioner having jurisdiction of the estate, shall be appointed accordingly; and if the guardian nominated by such minor shall not be approved by such commissioner, or if the minor shall reside without the district, or if, after having been cited by the commissioner, he shall neglect to nominate a suitable person, the commissioner may nominate and appoint the guardian in the same manner as if the minor were under fourteen years of age.

of

SEC. 890. Every guardian so appointed shall have the custody and tuition of the minor and the care and management of his estate, and shall continue in office until the minor shall have arrived at the age twenty-one years, or until the guardian shall have been discharged according to law: Provided, however, The father of the minor, if living, and in case of his death the mother, while she remains unmarried, being themselves respectively competent to transact their own business, shall be entitled to the custody of the person of the minor and to the care of his education.

SEC. 891. Every such guardian shall give bond, with surety or sureties, to the United States, in such sum as the commissioner may order, with conditions as follows:

First. To make a true inventory of all the real estate, and of all goods, chattels, rights, and credits of the ward that shall come to his possession or knowledge, and to return the same to the commissioner at such time as the latter may order;

Second. To dispose of and manage all such estate and effects according to law and for the best interest of the ward, and faithfully to

discharge his trust in relation thereto, and in relation to the custody, education, and maintenance of the ward;

Third. To render, on oath, an account of the property in his hands, including the proceeds of all real estate sold by him, and of the management and disposition of all such property, within a year after his appointment, and at such other times as the commissioner shall direct; Fourth. At the expiration of his trust, to settle his accounts with the commissioner or with the ward or his legal representatives, and to pay and deliver over all the estate and effects remaining in his hands, or due from him on such settlement, to the person or persons who shall be legally entitled thereto.

Testamentary

SEC. 892. Every father may, by his last will in writing, appoint a guardian or guardians for any of his children, whether born at the time guardian. of making the will or afterwards, to continue during the minority of the child or for a less time. And every mother may, by her last will in writing, appoint a guardian or guardians for any of her children, to continue during the minority of the child or for a less time: Provided, The father of such child or children is dead and has not appointed a guardian, or whenever, by judgment of divorce between such father and mother, the custody of such child or children has been awarded to the mother; and every such testamentary guardian shall have the same powers and perform the same duties with regard to the person and estate of the ward as a guardian appointed by the commissioner: Provided, Nothing in this section shall be construed to deprive either the surviving father or mother of the custody of the person of his or her children, such surviving parent being competent to transact his or her own business.

Bond of testa

SEC. 893. Every such testamentary guardian shall give bond in like manner and with like conditions as is before required of a guardian mentary guardian. appointed by the commissioner: Provided, When the testator in a will appointing the guardian shall have ordered or requested that such bond shall not be given the bond shall not be required, unless from a change in the situation or circumstances of the guardian, or for other sufficient cause, the commissioner shall think proper to require it.

SEC. 894. Nothing contained in this chapter shall impair the power of the district court or courts of a justice of the peace to appoint a guardian to defend the interests of any minor impleaded in such courts or interested in any suit or matter therein pending, nor their power to appoint or allow any person as next friend for a minor to commence, prosecute, or defend any suit in his behalf.

Guardian in judicial proceedings.

-for insane per

SEC. 895. Commissioners in their respective precincts shall have power to appoint guardians to take care, custody, and management of sons, etc. the estates, real and personal, of all insane persons, idiots, and all who are incapable of conducting their own affairs, and the maintenance of their families and the education of their children.

Guardian for in

-notice to in

SEC. 896. When the relatives or friends of any insane person, or any other persons inhabitants of the precinct in which such insane person sane person. resides, shall apply to the commissioner by petition in writing to have a guardian appointed for him, the commissioner shall cause notice to be given to the supposed insane person of the time and place appointed sane person. for hearing the case, not less than ten days before the time so appointed; and if, after a full hearing, it shall appear to the commissioner that the person in question is incapable of taking care of himself, the commissioner shall appoint a guardian of his person and estate, with the powers and duties hereinafter specified.

SEC. 897. Every guardian so appointed for an insane person shall have the care and custody of the person of the ward and the management of all his estate, and he shall give bond to the United States in like manner and in like conditions as is before prescribed with respect to the guardian of a minor, excepting that the provision relating to the education of the ward shall be omitted in the condition of the bond.

powers and duties of.

Guardian spendthrift.

for

Order of notice

court.

SEC. 898. When any person, by excessive drinking, gaming, idleness, or debauchery of any kind, shall so spend, waste, or lessen his estate as to expose himself or his family to want or suffering, the commissioner for such precinct of which such spendthrift is a resident or inhabitant shall cause notice to be given to such supposed spendthrift of the time and place appointed for hearing the case, not less than ten days before the time so appointed; and if, after a full hearing, it shall appear to the commissioner that the person complained of comes within the description contained in this section, he shall appoint a guardian of his person and estate, with the powers and duties hereinafter specified.

SEC. 899. After the order of notice has been issued, the commisto be filed with the sioner shall cause a copy of the same to be filed in the office of the clerk clerk of district of the district court, and if a guardian shall be appointed on such application, all contracts, excepting for necessaries, and all gifts, sales, or transfers of real or personal estate made by such spendthrift after such filing of the order of notice in the office of the district court, and before the termination of the guardianship, shall be null and void.

Allowance for defense of ward.

Guardian for

ers and duties.

SEC. 900. When a guardian shall be appointed for an insane person or spendthrift, the commissioner shall make an allowance, to be paid by the guardian, for all reasonable expenses incurred by the ward in defending himself against the proceeding.

SEC. 901. Every guardian so appointed for a spendthrift shall have spendthrift, pow- the care and custody of the person of the ward and the management of all his estate until the guardian shall be legally discharged: and he shall give bond to the United States in like manner and with like condition as is before directed with respect to the guardian of an insane.

Payment of debts

accounts.

Management of ward's estate.

person.

SEC. 902. Every guardian appointed under the provisions of this in settlement of chapter shall pay all just debts due from his ward out of his personal estate, if sufficient, and if not, out of his real estate, upon obtaining a license for the sale thereof, as provided by law; he shall also settle all accounts of the ward, and demand, sue for, and receive all debts due to him, or may, with the approbation of the commissioner, compound for the same, and give a discharge to the debtor upon receiving a fair and just dividend of his estate and effects, and he shall appear for and represent his ward in all legal actions and proceedings, unless when another person is appointed for that purpose as guardian or next friend. SEC. 903. The guardian shall also manage the estate of his ward frugally and without waste, and apply the income and profits thereof, so far as may be necessary, for the comfortable and suitable maintenance and support of the ward and his family, if there be any; and if the income and profits be insufficient for that purpose, the guardian may sell the real estate, upon obtaining a license therefor as provided by law, and shall apply the proceeds of such sale, so far as may be necessary, for the maintenance and support of the ward and his family. SEC. 994. Upon the taking of any inventory, as required by this appraisal of the chapter, the estate and effects comprised therein shall be appraised by three suitable persons, to be appointed and sworn in like manner as is required with respect to the inventory of a deceased testator or intestate; and every guardian shall account for and dispose of the personal estate of his ward in like manner as is directed with respect to executors and administrators.

Inventory and

ward's estate.

Management

property.

SEC. 905. Commissioners in their respective precincts, on the appliand investment of cation of a guardian or any person interested in the estate of any ward, after notice to all other persons interested, may authorize or require the guardian to sell and transfer any stock in the public funds, or in any bank, insurance company, or other corporation, or any other personal estate or effects held by him as guardian, and invest the proceeds of such sale, and also all of the moneys in his hands, in real

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