A Treatise on Probate Law and Practice: Embracing the Law of Wills, and the Administration, Settlement, and Distribution of Estates of Deceased Persons: Also the Law Relationg to Married Women, Minors, Insane Persons, Drunkards, Guardian and Ward, and Other Persons Under Disability; Together with Rules of Practice and Forms Adapted to the Laws and Decisions of Arizona, California, Idaho, Montana, Nevada, Oregon, Utah, Washington, and Wyoming. Also a Probate Code, Giving the Full Text of the Statutes for All These States, Topically Arranged and Compared with Each Other...

Front Cover
Bancroft-Whitney Company, 1904 - Probate law and practice
0 Reviews
 

What people are saying - Write a review

We haven't found any reviews in the usual places.

Contents

DISSOLUTION OF MARRIAGE
45
What constitutes minority
51
DETERMINATION OF INSANITY
57
Effect of discharge of patient
64
Insanity of Person Called for Sentence
71
INDIGENT PERSONS
77
Proceedings to Adjudge Person an Haritual Drunk
83
Residence in General
87
GUARDIAN AND WARD
96
Duties and Powers of Guardians
109
Sales of Property of Ward
118
Changing AssetsInvestments
125
APPOINTMENT POWERS AND DUTIES OF GUARD
133
Guardian of Insane and Incompetent Persons
139
Guardian for Nonresident Insane Person
148
CHANGE OF NAMES OF PEESONS
158
DECEASED PERSONS
165
Contests
180
Limitation of contest
183
Foreign Wills
192
Revocation of Wills
200
What Wills may re Denied Prorate
204
When certain legacies become chargeable
212
Future Interests
219
Who may Take ry Will
226
Right of Children in Testators Estate
229
Offenses Against Inheritance
235
Proreedinis to compel settlement
243
CompensationHow paid 408 May administer oath 409 Register and its contents
244
The law controlling administrators 411 Penalty for failure to perform duty Section II Appointment Powers and Duties of Executors and Ad ministrat...
245
413 Powers of executor of executor 414 Executor administrator defined
246
Order in which persons entitled to letters
247
Who incompet nt to tc exreuto 417 Competency of marritd woman as executrix 418 Who incompetent to be administrator
250
Married woman as administratrix 420 Nonresidence and minority disqualifies
251
Intention of testator as to appointment is conclusive
252
If person entitlrd is minorGuardian appointed 423 In what cass appointment deemed renounced 424 To whom grantci when party entitled fails to a...
254
Objections to appointment of executors
255
428 Application for letters of administiationPetition 429 Limitation of application
256
S430 When letters issued 431 Notice of application for letters
257
Contesting application S 433 Hearing of application and duty of court
258
Proof of notee of application 435 OathRecord of letters etc 436 Proof necessary before granting letters
259
General power of administrator with the will annexed 438 Inventory and appraisementWhen to lie made 439 Appointment of appraisersCompensati...
261
Oath and duties of appraiser
263
Inventory of moneys 442 To be subscribed and sworn toClaims
264
Additional inventory 1444 Inventory as evidence
265
Power of executor before qualifying 446 Validity of acts of less than all executors 447 Compounding debts
266
Not to profit or lose when not at fault 449 Liability for uncollectible claims
267
Special Administrators
269
Bonds
276
Possession and Care of Estate
286
Penalty for failure to give notice
291
492 Time for presentation of claims 493 Proof of notice
292
494 When claim barred
293
Claims to be sworn toVouchers
295
Vouchers in certain cases 409 Hearing and proof of claim 500 Disposition of claims after approval
296
Limitation of action upon claim
297
Suspension of limitation ft 503 Claim necessary in actions pending at decease 504 Manner of allowance or rejection of claims
298
Partial allowanceCosts
300
Enforcement of judgment
301
Proof of claim when the judge is creditor
302
508 Collection of judgment lendered in lifetime 509 Reference of doubtful caim 510 Hearing before refereeCompensationAction of court upon rep...
305
Claim of executor etc Prase tation ard allowance 513 Statement of claims to be returned
307
Payment of interest on claims 515 Claims must be presented before suit
308
Executor etc cannot purchase claims tion VIII Bales of Estates 517 With what estate is chargeableFor what may be sold
309
No sale without order of court 519 Application for sale 520 In what case only one petition order and sale nec essary
310
Sales of perishable property
311
Payment of legacies
312
When personal property may he sold 523 Private sale of personal property
313
Sale of personal in lieu of real property 525 Sales of partnership interests and choses in action 526 Order of sale
314
Manner of sale of personal property
315
Sales of real estate 529 Order for saleHow obtained
317
Order for hearingNotice
319
One description of real property sought to be sold is sufficient
320
Service of notice
321
Service in cise of minor lei vs 534 Hearing hu may be heardC laims 53o Who may be examined
323
When ord r shall be made i 537 Order for sale
325
What order must contain
326
If administrator neglects who may apply for sale 540 Manner of service
328
Notice ot sale 542 Time and place of sale
329
Manner of conducting private sale
330
Price at which may be sold at pri ate sale 545 Terms cf sale 546 Postponement of sale
332
Notice of postponement
333
Return of saleConfi maticnVacationResale 549 Penalty for failure to make return 550 Objections
336
Confirmation of sale
337
Order of confirmation must show nctice 553 ConveyancesHow made
338
Contract for purchase of laid may be sold S 555 Terms of such sale
340
Petition for sale who may file and what contain
350
Order to show causeNotice
351
Order of sale when and how made
352
The conveyance on optional contract
353
Specific Performance of Decedents Contracts
364
Accounts
371
Compulsory Accounting
378
Settlement and Distrirution
382
Provisions for the Family
395
Determination of Heirship
403
Decree of distributionBond
409
Partition
416
Partition after distribution
426
Compensation Resignation Suspension Removal
430
Suspension
436
Powers and duties of successor
443
Administration of Estates in Special Cases
453
Settlement of Estate Without Administration
458
Succession
465
Direct line descending and ascending
485
Appointment of trustee
487
Escheats
493
Compensation of informer
507
Right to Assign Transfer and Discharge Mortgages
516
General Provisions
522
831 Trust in rents and profits
529
Additional bondConditions and effect
535
Chapter ILSpecial Provisions Relative to Bonds
541
Effect of proceedings in probate court
547
Conclusive presumptions
556
Index in representative character
564
TAXATION
574
Redemption 924 Of property of decedents
578
Of property of persons under disability TITLE II INHERITANCE TAX 926 In California and Montana 1 What property is subject toAmountLiabilit...
580
Appraisement and valuation
582
Estates less than freehold
583
Administrator to set aside amount necessary to pay 6 Administrator to sell estate if necessary 6 When and how to be paid
584
Duty of foreign executor 8 Executors commission subject to tax in certain case 9 When tax is dueWhen discount allowed
585
Penalty remittedWhen 11 How payment enforced
586
Receipt for payment 13 Duty of clerk 14 County attorney to conduct proceedings to enforce pay ments
587
Allowance of expense of enforcing payment 16 Clerk must make statement of property subject to
588
To whom tax paid 18 Rebate of tax in certain cases 19 Receipt to treasurer
589
Compensation of treasurer 21 Misconduct of appraisersPenalty 22 Jurisdiction of proceedings
590
Liability of executor on bond 24 Powers of special administrators 25 Proceedings to enforce payment of tax when estate not administered
591
Scope of statute S 927 In Oregon 1 What property subject to tax 2 Rates of
592
Tax when it accrues and is payable 4 Payment when made
593
Tax to whom paidDuplicate receipts 6 Tax a lien 7 Discount interest and penalty
594
Power to sell 9 Duty of heir or devisee when legacy payable out of propertyLegacy for limited periodDuty of admin istrator
595
Tnx when foreign executor assigns stock etc 12 Depositaries of securities not to deliver same until no tice given to state treasurerPenalty 13 Deferred ...
596
Taxes upon devises and bequests in lieu of commissions 15 Jurisdiction of the county court 16 Duty of county judgeNotice to state treasurer
597
Duty of executors etc Filing inventory and ap praisement 18 Extension of time to file appraisement 19 Duty of administrator etc to send inventory a...
598
Court may act on first inventory 21 Appointment of appraisers 22 Immediate appraisal when
599
County court to fix time and place of appraisement and clerk to give notice to witnesses 24 Report of appraisers to be filed with county court
600
County court to give notice when 26 Reappraisement when 27 Tax due and unpaidDuty of treasurer
601
Secretary of State to furnish books and forms of re portsEntries by courts
602
Reports by county judges and custodian of deeds and records
603
Duplicate receipts to be furnished by the state treas urer 31 Recording receipts by county officer 32 Compromise of amount of tax due 33 Administra...
604
Appeals 35 Penalty for secreting or willful failure to produce will 36 Penalty for administering personal estate without proving will 37 Duty of admin...
605
Taxes on foreign estate where part of property is in state 40 Compensation of officers 41 Payment of disbursements by state treasurer
606
Penalty for appraisers taking fee or reward 43 Repeal 928 In Utah 1 What property taxable 2 Separate inventory to be filed
607
Deduction of
609
Payable when 9 Duty to collect 10 Manner of appraisement 11 Notice to state treasurer
610
Report 13 Final settlement of account 14 Jurisdiction i 929 In Washington I What taxable
611
2 Rate of tax 3 Foreign estates
612
Same subject 5 Inventory 6 Appraisement 7 Life estates
613
Rate in certain estates
614
Compensation 10 Legacies 11 Tax to be deducted 12 When payable
615
Notice to treasurer 14 Shares of stock 15 List of heirs
616
Extension of time for inventory 17 Compromising the tax 18 Report to treasurer 930 In Wyoming 1 Inherited property taxableHow
617
Life estate not taxable
618
Tax payableWhen 4 Duty of person administering estate
619
Sale of property to pay tax 0 Tax payable to treasurerRcceipt for 7 Duty of administrator regarding realty
620
Refunding tax in case of dcbts 9 Transfer of stocks 10 Refunding tax erroneously paid II Appraisement of property
621
Penalty for misfeasance of appraiser 13 Court having jurisdiction of realty
622
Duty of court when tax net paid 15 Duty of treasurer when tax not paid 10 Duty of clerk of court
623
COURTS
625
Judges and Judicial Officers
631
Appeals
642
Section Effect of Appeals
645
Relating to Real and Personal Property
651
Actions Against Unknown Persons
663
Revival
670
Statute of Frauds
683
ment
688
Revival of Judgments
691
Copyright

Other editions - View all

Common terms and phrases

Bibliographic information