Page:1862 Territory of Dakota Session Laws.pdf/50

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CHAP. I.]
ADMINISTRATORS AND EXECUTORS.
33

When unmarried woman marry, her rights as administrator extinguished.Sect. 13. When an unmarried woman, who is administratrix, alone, or jointly with another person, shall marry, her marry, her rights marrying shall extinguish her authority as administratrix.

Remaining administrator may execute duties, or new one appointed.Sect. 14. When an administrator shall be removed or his authority shall be extinguished, the remaining administrator, if any, may execute the trust; if there shall be no other, the court of probate may commit administration of the estate, not already administered, to some suitable person, as in the case of the death of a sole administrator.

Powers of new administrator.Sect. 15. An administrator appointed in the place of any former executor or administrator, for the purpose of administering the estate not already administered, shall have the same powers and shall proceed in settling the estate in the same manner as the former executor or administrator should have had or done, and may prosecute or defend any action commenced by or against the former executor or administrator, and may have execution or any judgment recovered in the name of the former executor or administrator.

If, after letters granted, a will be proved.Sect. 16. If, after the granting of letters of administration by any probate court on the estate of any deceased person, as if he had died intestate, a will of such deceased person shall be duly proved and allowed by such court, the first administration shall, by decree of said court, be revoked, and the powers of the administrator shall cease, and he shall thereupon surrender his letters of administration into the probate court, and render an account of his administration within such time as the court shall direct.

Executor may complete unfinished administration.Sect. 17. The executor of the will shall, in such case, be entitled to demand, sue for and collect all the goods, chattels, rights, and credits of the deceased remaining unadministered, and may be admitted to prosecute to final judgment any suit commenced by the administrator before the revocation of his letters of administration.

All previous acts of administrators legalized.Sect. 18. All acts of an executor or administrator as such, before the revocation of his letters testamentary or of administration, shall be as valid to all intents and purposes as if such executor or administrator had continued lawfully to execute the duties of his trust.

When two or more, separate bonds may be taken.Sect. 19. When two or more persons shall be appointed when administrators on any estate, the judge of probate may take a