1822 - Edocs

Administration du-
riii^ disability of*
executor.
130
Bond ajid security. 10. Be it further enacted, That, executors and administrators,
with tne will annexed, or ol' .^oods not admiuistered,
shall give bond with security, and take an udin or
affirmation, as is provided with respect to administrators
of intestates, only changing such part thereof* as tne uiffereut
circumstances of tht ease may require. Provided,
that any testator by an express prowsion in his- last will
may direct that no security shall be given by his executors
or administrators, except in cases provided herein-
Letters heretofore
after.
11. Be it further enacted, That, during any contest about
a wiil, or in the absence of tne«executor, or during
the minority of the executor, the eourt may grant letters
of administration during the minority or absence of such,
executor, or may appoint any person or persons to collect
and preserve the estate of the deceased, until a probate of
his will, or administration of his estate In- grained, taking
bond and security, for administering the estate of
such testator, well and truly, during the minority or absence
of the executor, or for collecting the estate, and
making an inventory thereof, and safe keeping and delivering
up the same, when required thereto by the executor
or administrator.
J2, ^ e itfurther enacted. That, all letters of adminis-
trated tration, and letters testamentary, heretofore granted in
pursuance of any law in force, in this Territory, shall be
recorded in the clerk's office of the circuit courts of the
respective counties, where such letters of administration
or testamentary were granted ; and the respective clerks
of the circuit courts, ou receiving such letters of admin-
istration, or testamentary, for recording, shall proceed to
record the same, in a well bound book to be by him kept
for that purpose, and the said clerk shall certify on said
letters that the same have been recorded according to
law. And a copy of the record of the said letters, recorded
as aforesaid, shall have the same effect in law, as the
original could or might have, and no letters testamenta-
ry, or letters of administration made before the taking effect
of this act, shall be admitted in evidence, in any
court of law or equity, unless the same shall be recorded
as herein before prescribed.
Letters hereafter- 13. Be it further enacted, That, all letters of adminisbe
recorded. tration and testamentary that shall be granted after the
taking effect of this act, shall, before the same be delivered
to the parties, be recorded by the clerk of the court
granting the same, or by the clerk of the court if such
letters were granted in vacation, in the same manner as
provided by the first section of this act, with respect to
such letters heretofore granted, and if such letters be not
recorded as aforesaid, they shall not be received in evidence
in any court of this Territory, copies of the record