An additional bond must be given whenever the sale of any real estate is to be made by order of the court; but no additional bond is necessary when it appears that the amount of the bond already given is twice the value of the personal property remaining in or that may come into the possession of the executor or administrator (including the annual rents, profits, and issues of the real estate), and twice the probable amount to be realized on the sale of the real estate ordered to be sold.

Code of Civil Procedure, Section 1389.

Section 1053.-SEPARATE BONDS.-When two or more persons are appointed executors or administrators, the Court must require and take a separate bond from each of them.

Code of Civil Procedure, Section 1391.

Section 1054. WHEN EXECUTOR MAY ACT WITHOUT BONDS.-A will may expressly provide that the executor named in it shall act without giving bonds. Where a will does so provide, the executor will have power to administer the estate, including the sale of property. without giving any bonds whatever. If the estate is not managed properly, however, the Court has power to demand a bond of the executor, even where the will declares that no bond shall be given. It is the duty of the Court, no matter what the provisions of the will may be, to see that the estate is properly managed, without waste or unnecessary or wilful losses.

Code of Civil Procedure, Section 1396.

Section 1055.-SPECIAL ADMINISTRATOR.—When there is delay in application for or the granting of letters to an executor or administrator, or when no sufficient bond is filed, or when an executor or administrator dies or is suspended or removed, the Court may appoint a special administrator, to act for the time being, and whose duty it shall be to take charge of and preserve the estate until

such time as a regular executor or administrator shall be

appointed and qualified to act.

must give a bond in the same istrators.

The special administrator manner as other admin

Code of Civil Procedure, Section 1411.

Section 1056.-RELEASE OF BONDSMEN.-The bondsmen of an executor or administrator may be released by the court. When a surety of any executor or administrator desires to be released from the bond, and from future responsibility, he must make an application therefor to the Superior Court. The court will then require the executor or administrator to appear and give a bond with new sureties, and if he neglects to do so his letters will be revoked, and a new executor or administrator appointed. If new sureties are given to the satisfaction of the judge, the surety who applied for release will not be liable on the bond for any subsequent act, default, or misconduct of the executor or administrator.

Code of Civil Procedure, Sections 1403, 1404, 1405.

Section 1057.-RESIGNATION OF EXECUTOR OR ADMINISTRATOR.-An executor or administrator may resign if he wishes to do so. He may do this by filing in the Superior Court a written notice that he resigns his appointment. But, before his resignation can be accepted by the court he must file his accounts and have them allowed and settled by the court. The court can then make an order allowing and accepting the resignation.

If there are a number of executors or administrators, and one of them resigns, it will be the duty of those who remain to administer and settle up the estate.

Code of Civil Procedure, Section 1427.

Section 1058.-SUIT AGAINST BONDSMEN.-If the letters of an executor or administrator are revoked, or if he resigns or dies, and it is discovered that he has been faithless to his trust, any person injured by his bad conduct

may bring a suit against his bondsmen to make good the losses sustained.

Section 1059.-INVENTORY

AND APPRAISE

MENT. As soon as an executor or administrator has qualified, he is entitled to the immediate possession of the real estate and personal property of the deceased. He may receive the rents and profits of the real estate, until the estate is settled. And, as he has possession and charge of the estate, the law requires him to show to the court what property the estate consists of, and its location and condition. This he does by having an inventory and appraisement made, which is filed with the court. The inventory is made by the executor or administrator, under oath, containing a true statement of the real and personal estate of the deceased which has come to his possession or knowledge, and must be made and filed within three months after his appointment. Attached to the inventory must be an appraisement of the value of the property.

To make the appraisement, the court, or a judge thereof, must appoint three disinterested persons, one of whom must be one of the inheritance tax appraisers provided for by law (any two of which appraisers may act); provided, that the court may, in its discretion, appoint said inheritance tax appraiser as sole appraiser to appraise said estate.

Said appraisers are entitled to receive a reasonable compensation for their services, not to exceed five dollars per day, to be allowed by the court or judge.

The appraisers or appraiser must, with the inventory, file a verified account of their or his services and disbursements. If any part of the estate is in any other county than that in which letters issued, an appraiser or appraisers thereof may in the same manner as above provided, be appointed, either by the court or judge having jurisdiction of the estate, or by the court or judge of such other county, on request of the court or judge having jurisdiction. No clerk or deputy, nor any person related by consanguinity or affinity to or connected by marriage with, or being a

partner or employee of the judge of the court, shall be appointed or shall be competent to act as appraiser in any estate, or matter or proceeding pending before said judge or in said court.

Act of the Legislature, approved April 7, 1911.

Section 1060.-WHEN ADDITIONAL INVENTORY REQUIRED.—Whenever property not mentioned in the first inventory comes to the possession or knowledge of the executor or administrator, he must make and file another inventory and appraisement covering such property.

Code of Civil Procedure, Sections 1443, 1446, 1451.

Section 1061.-WHEN NO APPRAISEMENT REQUIRED. If the whole estate consists of money, there need not be an appraisement, but an inventory must be made and returned by the executor or administrator, as in other

cases.

Act of the Legislature, approved April 21, 1909.

Section 1062.-MONEY IN BANK.-The surviving husband or wife of any deceased person, or, if no husband or wife is living, then the children of such decedent, may, without procuring letters of administration, collect of any bank any sum which the deceased may have left on deposit in such bank at the time of his or her death; provided, such deposit does not exceed the sum of $500. An affidavit must be made that the whole amount left on deposit by decedent in any and all banks did not exceed the sum of $500. Act of the Legislature, in effect May 16, 1907.

Section 1063.—PROBATE HOMESTEAD AND FAMILY ALLOWANCE.-The court will set aside a homestead for the use of the widow and children, whether there was a homestead during the life of the decedent or not. This homestead will be set aside out of the community property, if there be any, or out of the separate property of the

deceased, if there is no community property. The homestead will be exempt from all claims against the estate, whether individual debts of the deceased, or community debts. The homestead is for the use and support of the widow, child, or children, of the deceased, and is not an asset of the estate for the payment of debts.

When a homestead is set apart to the use of the family, the property, with one exception stated below, is the property of the surviving widow, if there is no minor child. If the decedent left also a minor child or children, the one half of such homestead belongs to the widow, and the remainder to the child, or in equal shares to the children, if there are more than one. If there is no wife surviving, the whole property belongs to the minor child or children. If the property set apart is a homestead selected from the separate property of the decedent, the court can set it apart only for a limited period, and, subject to such homestead right, the title vests in the heirs of the deceased or devisees. Act of the Legislature, approved February 16, 1911.

Section 1064.-EXEMPT PROPERTY. In addition to the homestead, the law provides that the court must set apart for the use of the family all the property of the estate which is by law exempt from execution.

Section 1065.-EXTRA ALLOWANCE.-If the amount set apart be insufficient for the support of the widow and minor children, the court will make such further reasonable allowance out of the estate as shall be necessary for the maintenance of the family, according to their circumstances, during the progress of the settlement of the estate. Any such allowance made by the court must be paid by the executor or administrator in preference to all other charges, except funeral charges, and expenses of administration; and any such allowance, whenever made, may, in the discretion of the court, take effect from the death of the decedent.

Code of Civil Procedure, Sections 1465, 1466, 1467.