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Legal age is not usually one of the requirements for filling this office. But in New York and in several other states, it is provided by statute that an executor or administrator must be capable in law of making a contract, must not be under twenty-one years of age, nor an alien not an inhabitant of the state where appointed, and shall not have been convicted of an infamous crime.

14. How is an executor appointed?

He is named in the will. If no one is named in the will, a court having jurisdiction appoints a person called an administrator to carry out the terms of the will and make legal disposition of the property.

15. What are some of the duties of an executor?

His duties begin at once on the death of the testator, and if necessary a proper and suitable burial of the deceased must be provided. Then in accordance with the law of the state the will must be submitted for probate, that is, offered to the court having jurisdiction for proving, after which it may be entered in the public records. Notice of probating the will must be given, bonds must be filed, etc. The property must be inventoried, debts must be paid, and the residue, if any, divided in compliance with the terms of the will. Accounts must be rendered from time to time as the court directs.

16. What is an intestate?

When a person makes no will, or executes one that is not valid, he is said to be an intestate and his real property descends to his heirs-at-law. His personal property passes to his next-of-kin and is distributed by an administrator appointed by law.

17. Who may be appointed to administer the estate of an intestate?

This is a matter of statutory regulation, and while certain relatives are entitled to preference in appointment, should they not qualify to the office creditors of the deceased are next entitled to the letters of administration. In general, any one legally competent to contract is competent to take out letters of administration.

18. What are the duties of an administrator?

After duly qualifying he must make an inventory of all property, collect all debts due the estate, convert the property into money, pay all debts due from the estate and distribute the remainder, in accordance with the law of the state, to those entitled to share therein.

19. What liability does the executor or administrator assume?

In general he assumes no personal responsibility while acting in good faith, unless he execute some written promise to be himself responsible.

It is usually required that the administrator give a bond for the faithful performance of his duties. An executor is not required to give a bond, excepting upon special application where it is made to appear that a necessity therefor exists in order to protect the persons interested in the estate.

20. How should a claim against an estate be presented? Instead of simply presenting the claim as is ordinarily done, the claimant should go before a notary and make affidavit to his account, then file the account and affidavit with the administrator or executor.

21. How is the property distributed?

The debts of the deceased must first be paid then whatever remains must be divided according to the terms of the will. The personal property of an estate is taken for the paying of debts before the real estate can be used for that purpose.

If the deceased die intestate, the personal estate, after the payment of his funeral expenses and debts and the expenses of administration, is distributed by the administrator in accordance with the statute of distribution to the decedent's next of kin.

22. What authority must the executor or administrator have to sell the real estate?

He must apply to the court for an order which, when issued, directs him to sell the real estate.

23. What is a codicil?

After a will is written and signed the testator may wishi to add to or change the terms of the instrument and does so by adding a postscript clause known as a codicil.

24. How is a codicil to a will made?

It must be executed with the same formalities prescribed by law for the execution of the will itself.

25. How may a will be revoked?

The testator may revoke a will by destroying it, by making a later will and stating therein that this revokes all former wills, by a codicil expressly declaring such revocation, by marriage of an unmarried female testator, or by certain alteration of the estate as by sale and conveyance of the title.

26. What is the probating of a will?

It is a judicial proceeding by which the will is submitted to the judge who presides over the probate or surrogate's court. Before the will is said to be proved or probated, notice, usually called a citation, is given to those interested requiring them to attend upon a certain day. If there are any objections, they can be made at the time and after a hearing the judge may decide as to the validity of the will. 27. What are some grounds of objection to the probating of a will?

Those interested may object on the ground of forgery, fraud, idiocy, previous revocation, undue influence and want of testamentary capacity.

28. What evidence of the probating of a will is given to the executor?

An instrument known as letters testamentary is given to the executor and this is proof of the executor's right to make disposition of the property as prescribed in the will. It is evidence too of the competency of the judge to perform the act of probate and grant letters testamentary. Letters of administration are given to an administrator.

DEFINITIONS OF LEGAL termS

Abandonment.-The insured giving partly destroyed property to the insurer, in order to receive the full amount of insurance. Abutting.-Bordering upon. Lands bounded by a highway or fresh water stream abut on the stream or road, and the owners are called abutting owners.

Acceptance. The agreement of the person, upon whom a bill of exchange is drawn, to pay it. The bill after it has been accepted is also called an acceptance.

Accommodation Paper.-Negotiable paper made without consideration.

Acknowledgment. The act by which a party who has executed a deed or other instrument, declares or acknowledges before a competent court or officer that it is his act. Action.-A lawsuit. A proceeding taken in a court to enforce a right.

Administrator.-One who administers on the property or estate of a person dying intestate, and is accountable for the same.

Affidavit.-A written statement sworn to before a proper officer.

Agency. The relation existing between agent and principal, by which the agent is authorized to do certain acts for the principal.

Age of Consent. The age at which infants are capable of making a valid contract of marriage.

Alimony. An allowance ordered by a court in divorce proceedings to be paid by a husband for the support of his wife.

Amotion. The removal of an officer of a corporation from office.

Appurtenances.-Things which pass by conveyance of some principal object to which they are attached.

Arbitration and Award.-Arbitration is the settlement of a question by the decision of persons to whom it has been submitted by the disputants. Award is the decision of these arbitrators.

Assets. Property available for the payment of debts. Assignee. The person to whom the failing debtor transfers all his remaining property for the purpose of having it distributed among his creditors; one to whom anything is assigned.

Assignment. (1) An act by which property is transferred from one person to another.

(2) The transfer by an insolvent debtor of his property to an assignee.

Assignor. One who assigns property.

Attachment.-A seizure of property by virtue of a legal process; also, the writ authorizing such seizure.

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Attest. The witnessing of the signing of a written instru

ment.

Attorney in Fact.-An agent appointed by power of attor

ney.

Bailment. A delivery of goods or money by the bailor to the bailee in trust, for some special purpose, upon a contract, express or implied, that the trust shall be faithfully executed.

Bankruptcy. The state of being actually or legally bankrupt. A bankrupt is one who has been judicially declared unable to pay his debts.

Beneficiary. A person for whose benefit property is held in trust. In life insurance the beneficiary is the one to whom a policy is made payable.

Bequest. The act of bequeathing or leaving by will; also, that which is left by will.

Betterments. Improvements made to real estate which render it better than mere repairs.

Bill of Lading.-A written statement of goods shipped, signed by the master of a vessel, acknowledging the receipt of the goods, and promising to deliver them in safety at the place directed, perils of the sea excepted.

Bill of Sale.-A formal, written instrument for the transfer of the title to goods or chattels.

Bona Fide. In good faith, as distinguished from Mala Fide, in bad faith.

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