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brother, sister, nephew, or niece, one-half, and two thousand dollars of the other half; 6. If there are no descendants-father, mother, brother, sister, nephew, or niecethe whole. The father shall have-1. If descendants, nothing; 2. If no descendants, but a widow, one-half; 3. If no descendants nor widow, the whole. The mother shall have-1. If descendants or father, nothing; 2. If no descendants nor father, but brother or sister, an equal share with such brother or sister; 3. If no descendants, nor father, brother, sister, nephew, or niece, but a widow, one-half; 4. If no descendants, nor father, brother, sister, nephew, niece, nor widow, the whole; 5. If the deceased were illegitimate, and left no descendants, nor widow, the whole; 6. If she be deceased, the relatives on the part of the mother inherit. The brothers and sisters shall have-1. If descendants, nothing; 2. If a father, nothing; 3. If a widow, one-half, less two thousand dollars; 4. If a mother, an equal share with the mother; 5. If no mother, the whole.

6. If the personal estate of the deceased is not sufficient to pay the debts, the executor or administrator may apply, on petition, to the surrogate for authority to mortgage, lease, or sell so much of the real estate as may be necessary to pay the debts. The petition must set forth1. The amount of the personal property; 2. How the

after paying debts and legacies, to whom is it distributed? To what share will the widow be entitled, if there are descendants? If there are no descendants, but a father? If there are no descendants, but a mother? If there are brothers, sisters, nephews, and nieces only? If there are no descendants, nor father, mother, brother, sister, nephew, or niece? To what share of the estate is the father entitled, if there are descendants? If there are no descendants, but a widow? If there are no descendants, nor widow? To what share of the estate is the mother entitled, if there are descendants or father? If there are no descendants, nor father, but brother or sister? If no descendants, nor father, brother, sister, nephew, or niece, but a widow? If no descendants, nor father, brother, sister, nephew, niece, nor widow? If the deceased were illegitimate, and left no descendants, nor widow? If the mother be deceased? What share of the personal estate will the brothers and sisters have, if the deceased left descendants? If a father? If no descendants, or father, but a widow? If a mother? If no descendants, father, mother, or widow?

6. If the personal estate is not sufficient to pay the debts, to whom

same has been applied; 3. The debts still outstanding; 4. A description of all the real estate of which deceased died seized, with the value of each lot; 5. The names and ages of the devisees and heirs. The surrogate may make an order requiring all persons interested to show cause before him, on a day specified, why such authority shall not be given. On due proof of service of the order, the surrogate proceeds to hear and determine the allegations. and proofs. The demands against the estate deemed valid, with their vouchers, are to be filed in the surrogate's office. If the surrogate is satisfied that it is necessary to dispose of a part or all the real estate for the payment of just debts, he will ascertain if such money can be raised by mortgage or lease; and if so, he will direct such mortgage or lease to be made. No lease can be made for a longer time than the minority of the youngest child. If the money cannot be raised by mortgage or lease, the surrogate may order so much of the real estate to be sold as shall be sufficient to pay the debts. If a part cannot be sold without prejudice, the whole may be sold.

7. Before granting the order, the surrogate requires a bond to the people of the State, in a penalty of double the amount to be raised, for the faithful execution of the trust. Due notice of the time and place of sale must be given. The sale must be made in the county in which such property is located. The sale must be made at public auction. No executor or administrator can become the purchaser. A return of the proceedings must be made to the surro

does the executor or administrator apply for further orders? How? What does he ask in such petition? What must be set forth in such petition? What order may the surrogate make? On proof of the service of the order, what action does the surrogate take? Where must the demands against the estate, with their vouchers, be filed? If the surrogate is satisfied that it is necessary to dispose of a part or all of the real estate for the payment of debts, what will he ascertain? For what time only can a lease be made? If the money cannot be raised by mortgage or lease, what may the surrogate order? If a part cannot be sold without prejudice?

7. Before granting the order, what bond will the surrogate require? Is it necessary to give notice of the sale? Where must the sale be made?

gate. If the surrogate is satisfied that the property was sold for less than its real value, and that ten per cent. more can be obtained, he will order a resale. If the sale was fairly conducted, the surrogate will make an order confirming the sale. The conveyance is executed by the executor or administrator, or by a person authorized by the surrogate to act in their stead. The order of sale, and the order confirming the sale, must be recited in the deed. The sale is made free and discharged from all claim for dower of the widow. It is subject to all judgments, mortgages, or other liens, existing at the time of the death of the deceased.

8. When the property is sold, the money must be re turned to the surrogate. He, in the first place, pays the expenses of the sale. He then satisfies the widow's claim to dower, by paying her a sum in gross, according to the principal of annuities, sufficient to satisfy her claim. If the widow refuse to take such sum, then one-third of the purchase-money shall be invested in permanent securities, the interest thereof to be paid to the widow during life. If after making such deductions there is sufficient to pay the debts, they shall be paid in full. If there is not sufficient to pay in full, the creditors shall be paid in proportion to their claims. If there is a surplus, it shall be distributed to the next of kin, according to the rules of descent of real property.

9. Actions upon contract may be maintained by and against executors and administrators, in all cases in which

How made? Who are prohibited from purchasing? To whom is a return of the sale made? When will the surrogate order a new sale? When will he make an order confirming the sale? By whom is the conveyance executed? What orders must be recited in the deed? Is the sale made subject to, or free from, the claim of dower? Subject to what liens is the sale made?

8. When the property has been sold, to whom is the money returned? What does the surrogate first pay? What does he then satisfy? How? If the widow refuse to take such sum? If, after making such deduction, there is sufficient to pay the debts? If there is not sufficient? If there is a surplus, how distributed?

9. When may actions be maintained by and against executors and ad

the same might have been maintained, by or against the decedent. It is not necessary to join those in the action who have not qualified. In the city of New York, a public administrator is appointed. He acts under oath and gives a bond. He has authority to take charge of the property of persons dying intestate, leaving personal property in the county; or where such property comes into the county after the death of the owner; or where he shall die at quarantine, leaving personal property; or where such property shall arrive at quarantine after his death; or where a person dies on the passage to New York, and goods come to the quarantine. The widow and next of kin are entitled to administer, if they reside in New York, in preference to the public administrator. The powers and duties of the public administrator are the same as other administrators, in reference to the estate they administer.

CHAPTER LXVI.

REVOCATION OF WILLS.

1. A WILL may be revoked by another will, in writing, declaring the revocation, and executed with the same formalities as the will was required to be executed. A will may be altered in the same manner. A will may be revoked by burning, tearing, cancelling, obliterating, or destroying, with the intent and for the purpose of revoking the same, by the testator himself, or by another person in his presence, by his direction and consent. The direction

ministrators? Is it necessary to join those who have not qualified? In what city is a public administrator appointed? Does he act under oath? Does he give bonds? Of what property does he take charge? What are his general powers and duties?

1. What is the first-mentioned mode of revoking a will? How executed? How may a will be altered? In what other way may a will be revoked? By whom may this be done? How proved?

and consent of the testator, and the destruction thereof, must be proved by at least two witnesses.

2. If a man make a will, disposing of his whole estate, and afterwards marry, and have issue of such marriage, and the wife or issue be living at his death, such will is revoked, unless provision has been made for such issue by some settlement, or by the will, or be mentioned in such way as to show an intention not to make such provision. No other evidence to rebut such presumption can be received. A will executed by an unmarried woman is revoked by her subsequent marriage.

3. Any act of the testator by which the estate bequeathed shall be altered, but not wholly divested, is not deemed a revocation. The devise or bequest passes to the devisee or legatee, subject to the same encumbrances that would attach to it if it passed to heirs. If such alterations are entirely inconsistent with such devise or bequest, they will operate as a revocation thereof.

4. If, after making a will, the testator shall make a second will, cancelling the first, the destruction or revocation of the second will does not revive the first, unless it appear by the terms of such revocation that it was his intention to revive and give effect to the first will, or unless he shall duly republish his first will.

5. If a devisee or legatee die before the testator, leaving descendants, the devise or bequest does not lapse, but passes to such descendants. If a devise or bequest be made to a subscribing witness, such devise or bequest is.

2. If a man make a will disposing of his whole estate, and afterwards marry, and have issue of such marriage, and the wife or issue be living at the time of his death? Can any other evidence be received to rebut this presumption? If an unmarried woman make a will, and afterwards marry?

3. If the estate be altered, but not wholly divested? How does the devise or bequest pass to the legatee or devisee? If such alterations are entirely inconsistent with such devise or bequest?

4. If, after making a will, the testator shall make a second will, cancelling the first, and afterwards revoke the second will?

5. If a devisee or legatee die before the testator, leaving descendants ↑ If a devise or bequest be made to a subscribing witness? If such witness

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