Page:United States Statutes at Large Volume 31.djvu/1261

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FIFTY·SIX.TH CONGRESS. Sess. ll. Ch. 851. 1901. 1209 u on all accounts, claims, and demands existing between executors and adininistrators and legatees, or persons entitled to a distributive share of an intestate estate, or between wards and their guardians; to enforce the distribution of estates by executors and administrators, and the payment or delivery by guardians of money or property belonging to their wards, and, concurrently with the equity court, to direct the sale of real estate of decedents for the payment of their debts and the application of the proceeds thereof : - I rovided, That the jurisdiction of _€Q,°,Q§”{’;,cMi0H of said probate court shall not be exclusive of the jurisdiction of the said iurisdicticnxtc. equity court to entertain suits by legatees or next of kin against executors or administrators, or by wards against their guardians for an accounting; and, except in cases provided for in section numbered one hundred and forty-four, any settlement of accounts in said probate court shall only be prima facie evidence as to the correctness of said accounts in any such suits, or in suits by creditors against executors or administrators, or against heirs or devisees, to subject the real estate of decedents to the payments of their debts. Sec. 120. CLERx.—The register of wills of the District of Columbia _§é§{;*tér of wms LO ‘ shall be, and hereby is, authorized, empowered, and directed to act as uct. clerk of the said probate term, to keep and certify its records and generally, with respect to said term, to exercise all the powers and perform all the duties which mi ht otherwise be properly exercised or performed by the clerk of tie supreme court of the District of Columbia. Sec. 121. The said register of wills may receive inventories and §l;<;*g?*;,§;¤·· 0* mgaccounts of sales, examine vouchers, and state accounts of executors, l ` administrators, collectors, and guardians, subject to final passage or rejection of same by the court; may take probate of claims against the estates of deceased persons that are proper to be brought before him, and pass any claims not exceeding three hundred dollars; may take the probate of wills and accept the bonds of executors, administrators, collectors, and guardians, subject to approval by the court. It shall be his duty to make full and fair entries of the proceedings of said court, and also to make a fair record in a strong bound book or books of all wills proved before him or said court, and of all other matters by law directed to be recorded in said court, and to lodge every original ppper tiled with him in such place of safety as the court may appoint. e shall make out and issue every summons, process, and order of the court, and in every respect act under its control and direction in refer- · ence to matters coming within the jurisdiction of saidcourt. He shall ·d°P“‘Y- be, and hereby is, authorized to appoint a deputy, who may, in his absence, do and perform any and all the acts necessary in the administration of his office and the certification of the records of said court which he himself is authorized to do; also to appoint and fix the number "“’“Pl°Y°°S· and the compensation of the employees of said probate court and office _ of register of wills: ltwvided, That any expenditures incurred by him """p°“d"“’“· in so doing shall not be a charge upon the public treasury, but shall, tqgetheg with his ojyvn ppmpensation, be paid out of the revenues of the o ce 0 register 0 wi S. _ Sec. 122. CONCEALMENT or ASSETS BY sTRANGERS.—-If, an executor, Qogqeglfztmof M- administrator, or collector shall believe that any person conceals any S° S F S M g ' part of his decedent’s estate, he may Hle a petition in said court alleging such· concealment, and the court may compel an answer thereto on oath; and if satisfied, upon an examination of the whole case, that the party charged has concealed any part of the estate of the deceased, the court may order the delivery thereof to the executor, administrator, or collector, and may enforce obedience to such order in the sanjte manner (gndwhich orders of said court may be enforced, as hereina ter rovi e . . SEc. T2?). INVESTMENT or EUNDs.—The said court may, in its dis- I¤*’°S¤¤€¤”°““¤d¤· cretion, order an executor, administrator, collector, or guardian, whom