Author: Henry Smith Kelley

Publisher: Rarebooksclub.com

Published: 2013-09

Total Pages: 128

ISBN-13: 9781230056067

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1876 edition. Excerpt: ...deceased or use it for his own private purposes he must pay interests thereon to the estate. The court must, at each settlement, exercise an equitable control in making executors and administrators account for such interest, and for that purpose may take testimony or examine the executor or administrator on oath in relation to the same. 1 W. S. 90, -54, 55. At the second term atter the one at which he is re quired to make settlement, the executor or administrator must render to the Court a statement on oath, of the amount of money of the estate actually on hand. Id. 56. And, if, on the return of the inventory, or at any other time, the court shall be satisfied that there is a surplus of money on hand which will not be shortly required for the expenses of administration or payment of debts, it may order the executor or administrator to loan it on such terms and for such time as may be deemed best. Id. 57. The court may at any time make such orders as the interest of the estate may require for the speedy collection of debts, or the sale and distribution of personal property ld. 58. SECTION IV. COMIPENTECY OF WITNESSES IN ACTION BY OR AGAINST EXECUTORS AND ADMINISTRATOR An executor or administrator is a competent witness in any action prosecuted or defended by him. 1 W. S. 87, 28. The general rule is that, no person is disqualified as a witness in any civil suit or proceeding at law or in equity, by reason if his interest in the result of the same as a party or otherwise, but such interest may be shown for the purpose of affecting his credibility. But in actions where one of the original parties to the contract or cause of action in issue and on trial is dead, or is shown to the court to be insane, the other party...

Download or read book A Treatise on the Law Relating to the Powers and Duties of Executors, Administrators and Guardians; a Practical Guide for the Execution of Their Trust written by Henry Smith Kelley and published by Rarebooksclub.com. This book was released on 2013-09 with total page 128 pages. Available in PDF, EPUB and Kindle. Book excerpt: This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1876 edition. Excerpt: ...deceased or use it for his own private purposes he must pay interests thereon to the estate. The court must, at each settlement, exercise an equitable control in making executors and administrators account for such interest, and for that purpose may take testimony or examine the executor or administrator on oath in relation to the same. 1 W. S. 90, -54, 55. At the second term atter the one at which he is re quired to make settlement, the executor or administrator must render to the Court a statement on oath, of the amount of money of the estate actually on hand. Id. 56. And, if, on the return of the inventory, or at any other time, the court shall be satisfied that there is a surplus of money on hand which will not be shortly required for the expenses of administration or payment of debts, it may order the executor or administrator to loan it on such terms and for such time as may be deemed best. Id. 57. The court may at any time make such orders as the interest of the estate may require for the speedy collection of debts, or the sale and distribution of personal property ld. 58. SECTION IV. COMIPENTECY OF WITNESSES IN ACTION BY OR AGAINST EXECUTORS AND ADMINISTRATOR An executor or administrator is a competent witness in any action prosecuted or defended by him. 1 W. S. 87, 28. The general rule is that, no person is disqualified as a witness in any civil suit or proceeding at law or in equity, by reason if his interest in the result of the same as a party or otherwise, but such interest may be shown for the purpose of affecting his credibility. But in actions where one of the original parties to the contract or cause of action in issue and on trial is dead, or is shown to the court to be insane, the other party...