Inventory to account debt, interest, or security; the inventory must show, so far as the same can be ascertained by the executor or the administrator, what portion of the property is community property and what portion is the separate property of the decedent. 1446. (§ 108.) The inventory must also contain for moneys. an account of all moneys belonging to the decedent which have come to the hands of the executor or administrator, and if none, the fact must be so stated in the inventory. If the whole estate consists of money, there need not be an appraisement, but an necessary. inventory must be made and returned as in other If all money, no appraisement Effect of naming a debtor executor. Discharge or bequest of debt against executor. To make oath to inventory. cases. 1447. (§ 109.) The naming of a person as executor does not thereby discharge him from any just claim which the testator has against him, but the claim must be included in the inventory, and the executor is liable for the same, as for so much money in his hands, when the debt or demand becomes due. 1448. (§ 110.) The discharge or bequest in a will, of any debt or demand of the testator against the executor named, or any other person, is not valid against the creditors of the decedent, but is a specific bequest of the debt or demand. It must be included in the inventory, and, if necessary, applied in the payment of the debts. If not necessary for that purpose, it must be paid in the same manner and proportion as other specific legacies. 1449. (§ 111.) The inventory must be signed by the appraisers, and the executor or administrator must take and subscribe an oath before an officer authorized to administer oaths, that the inventory contains a true statement of all the estate of the decedent which has come to his knowledge and possession, and particularly of all money belonging to the decedent, aud of all just claims of the decedent against the affiant. The oath must be indorsed upon or annexed to the inventory. may be neglect of adminis revoked for an 1450. (§ 112.) If an executor or administrator Letters neglects or refuses to return the inventory within the time prescribed, or within such further time, not exceeding two months, which the Court or Judge shall, for reasonable cause, allow, the Court may, upon notice, revoke the letters testamentary or of administration, and the executor or administrator is liable on his bond for any injury to the estate, or any person interested therein, arising from such failure. of after property. 1451. (§ 113.) Whenever property not mentioned Inventory in an inventory that is made and filed, comes to the discovered possession or knowledge of an executor or administrator, he must cause the same to be appraised in the manner prescribed in this Article, and an inventory thereof to be returned within two months after the discovery; and the making of such inventory may be enforced, after notice, by attachment or removal from office. 1452. (§ 114.) The executor or administrator is entitled to the possession of all the real and personal estate of the decedent, and to receive the rents and profits of the real estate, until the estate is settled, or until delivered over by order of the Probate Court to the heirs or devisees; and must keep in good tenantable repair all houses, buildings, and fixtures thereon, which are under his control. The heirs or devisees may themselves, or jointly with the executor or administrator, maintain an action for the possession of the real estate, or for the purpose of quieting title to the same, against any one except the executor or administrator. 1453. Unless it satisfactorily appears to the Probate Court, that the rents, issues, and profits of the Adminis executor real and trator and to possess personal estate. Executor or adminis trator to deliver real estate to heirs or devisees at ten months, real estate for a longer period, are necessary to be received by the executor or administrator, wherewith to pay the debts of the decedent, or that it will probathe end of bly be necessary to sell the real estate for the payment of such debts, at the end of ten months from the debts to be first publication of the notice to creditors, the Court must direct the executor or administrator to deliver possession of all the real estate to the heirs at law or devisees. unless there are satisfied. Embezzling estate before grant of letters testamentary. Citation to person suspected to have estate, etc. ARTICLE II. EMBEZZLEMENT AND SURRENDER OF PROPERTY OF THE ESTATE. SECTION 1458. Embezzling estate before grant of letters testamentary. 1459. Citation to person suspected to have embezzled estate, etc. 1460. Refusal to obey citation, penalty for and for embezzlement. May be compelled to disclose by imprisonment. Liable for double damages. 1461. Persons entrusted with estate of decedent may be cited to account. 1458. (§ 116.) If any person before the granting of letters testamentary or of administration, embezzles or alienates any of the moneys, goods, chattels, or effects of a decedent, he is chargeable therewith, and liable to an action by the executor or administrator of the estate, for double the value of the property so embezzled or alienated, to be recovered for the benefit of the estate. 1459. (§ 117.) If any executor, administrator, or other person interested in the estate of a decedent, embezzled complains to the Probate Judge, on oath, that any person is suspected to have concealed, embezzled, smuggled, conveyed away, or disposed of any moneys, goods, or chattels of the decedent, or has in his possession or knowledge, any deeds, conveyances, bonds, contracts, or other writings, which contain evidences of, or tend to disclose the right, title, interest, or claim of the decedent to any real or personal estate, or any claim or demand, or any last will, the Judge may cite such person to appear before the Probate Court, and may examine him on oath upon the matter of such complaint. If such person is not in the county where letters have been granted, he may be cited and examined, either before the Probate Court of the county where he is found, or before the Court issuing the citation. But if in the latter case he appears and is found innocent, his necessary expenses must be allowed him out of the estate. to obey citation, and for penalty for embezzlement. May be to disclose compelled by impris onment. 1460. (§ 118.) If the person so cited refuses to Refusal appear and submit to an examination, or to answer such interrogatories as may be put to him, touching the matters of the complaint, the Court may, by warrant for that purpose, commit him to the County Jail, there to remain in close custody until he submits to the order of the Court or is discharged according to law. If, upon such examination, it appears that he has concealed, embezzled, smuggled, conveyed away, or disposed of any moneys, goods, or chattels of the decedent, or that he has in his possession or knowledge, any deeds, conveyances, bonds, contracts, or other writings, tending to disclose the right, title, interest, or claim of the decedent to any real or personal estate, claim, or demand, or any lost will of the decedent, the Probate Court may make an order requiring such person to disclose his knowledge thereof to the executor or administrator, and may commit him to the County Jail, there to remain until the order is complied with or he is discharged according to law; and all such interrogatories and answers must be in writing, signed by the party examined, and filed in the Probate Court. The order for such disclosure, made upon such examination, is primary evidence of the right of such administrator to such property in damages. Liable for double Persons entrusted may be cited to account. any action brought for the recovery thereof; and any judgment recovered therein must be for double the value of the property as assessed by the Court or jury, or for return of the property, and damages in addition thereto, equal to the value of such property. In addition to the examination of the party, witnesses may be produced and examined on either side. 1461. (§ 119.) The Probate Judge, upon the comwith estate plaint, on oath, of any executor or administrator, may cite any person who has been entrusted with any part of the estate of the decedent, to appear before such Court, and require him to render a full account, on oath, of any moneys, goods, chattels, bonds, accounts, or other property or papers belonging to the estate, which have come to his possession in trust for the executor or administrator, and of his proceedings thereon; and if the person so cited refuses to appear and render such account, the Court may proceed against him as provided in the preceding section. CHAPTER V. OF THE PROVISION FOR THE SUPPORT OF THE FAMILY, AND ARTICLE I. OF THE PROVISION FOR THE SUPPORT OF THE FAMILY. ARTICLE I. OF THE PROVISION FOR THE SUPPORT OF THE FAMILY. SECTION 1464. Widow and minor children may remain in decedent's house, etc. 1465. All property exempt from execution to be set apart for use of family. 1466. May make extra allowance. 1467. Payment of allowance. |