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1846 35 (1846)

handle is hein.ssl/ssnm0107 and id is 1 raw text is: KEARNY'S CODE OF LAWS. ADMINISTRATIONS. SEcTIoN 1. The laws heretofore in force concerning descents, dis- tributions, wills, and testaments, as contained in the treatise on these subjects written by Pedro Murillo de Lorde, shall remain in force so far as they are in conformity with the Constitution of the United States and the State laws in force for the time being. SEc. 2. The profects shall grant letters testamentary and cf ad- ministration. SEc. 3. Letters testamentary and of administration shall be granted in the county in which the mansion, house, or place of abode of the deceased is situated. If he had no mansion, house, or place of abode at the time of his death, and be possessed of lands, letters shall be granted in the county in which the lands or a part thereof lies. If the deceased had no mansion, house, or place of abode, and was not possessed of lands, letters may be granted in the county in which he died or where the grcater part 'of his estate may be; if he died out of the territory, having no mansion, house, or place of abode, or lands within this territory, latters may he granted in any county in which any personal estate of the deceased may be. SEc. 4. All orders, settlements, trials and proceedings touching the adm.inistration of estates shall be had or made in the county in which the letters testamentary or of administration were granted. Sac. 5. Letters of administration shall be granted, first, to the husband or wife surviving: secondly, if there be no husband or wife surviving, to those who are entitled to distribution of the estate, or one or more of them as the prefect shall believe will best manage the estate. SEc. 6. If no such person apply for such letters within thirty days after the death of the deceased any creditor shall be allowed fo take out such letters, and in defect of these the prefect may select as ad- ministrator such discreet person as lie may choose. SEC. 7. After probate of any will letters testamentary shall be Digitized from Best Copy Available

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