Page:United States Statutes at Large Volume 31.djvu/1301

b`II"l`Y-SIXTH CONGRESS. Sess. II. Ch. 854. 1901. 1249 · gencyythe probate court shall have the power, on the application of such executor or administrator or of a arty interested, to decree or give directions in relation thereto; and) it shall be the duty of said executor or administrator to apply to the said probate court, and the said court shall have full power to decree or direct 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 to 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 prevented from lying dead or being unproductive, and how it shall be applied, agreeably to the intent of the will or the construction of law, in case the contingency shall not take place. Sec. 370. Exncrrron or DECEASED nxncurok, AND so FORTH.--TIIG O,*},*j;gg;?£§‘;’f€§{’;$f,‘ggQf executor or administrator of a deceased executor or administrator who shall die before an account of his administration hath been rendered shall render an account showing the amount of the assets received and the payments made by his decedent, and the account shall, if found by · the court to be correct, be admitted to record as other administration accounts. V Sec. 371. Accomfrs or nncnasnn nxnourmx, AND so roR·rH.——The §§g§*’“"" ‘°’“°"‘ husband of an executrix or administratrix who shall die before a final ’ account of her administration shall have been settled shall render such account, if required by the court, showing thereby the amount of money and property received and of payments and disbursements made by such executrix or admihistratrix, or that may have been received or paid by him, and not before accounted for with the court; and the account so rendered shall, if found by the court to be correct, be admitted to record as other administration accounts in eases where the executrix or administratrix rendered them in person; and in case of refusal of the husband to render such account. the court may proceed against _ him by attachment, and may commit him until he shall render such account. Sec. 37 2. Losr PROPERTY.—Tl]€ probate court shall have power to A¤<>W¤¤¢<> Fo cx- . . _ ecuwr for lost propmake allowance to any executor, administrator, or collector for pro — my. erty of the decedent which hath perished or been lost without th)e fault of the party; and no profit shall be made and no loss sustained Qgscreasswfc-. <>f es by an executor or administrator in the increase or decrease of the °' estate under his management; but he shall return an inventory and account for such increase, and may be allowed for such decrease on the settlement of the final or other account. ¤ SUBCHAPTER EIGHT. DISTRIBUTION TO NEXT OF KIN AND LEGATEES. ph13;SiIgbl;l§2;]g§§;1i1; V and legatees. . Sec. 373. Parrrms EN'l`ITLED.·—hVl]€H the debts of an intestate, Parriesenritled. exhibited and proved or notified and not barred, shall have been discharged or settled, or allowed to be retained for as herein directed, the idipinistrator shall proceed to make distribution of the surplus as 0 ows: Sec. 374. If the intestate leave a widow and no child, parent, grand- ·"’*d°“"“h‘“€- child, brother, or sister, or the child of a brother or sister of the said intestate, the said widow shall be entitled to the whole. Sec. 375. If there be a widow and a child or children, or a descendant or descendants from a child, the widow shall have one-third onl #. Sec. 376. If there be a widow and no child or descendants of the intestate, but the said intestate shall leave a father or mother, or brother or sister, or child of a brother or sister, the widow shall have one-half. vnr. xxxi--79