Letters Testamentary

executor, act, testator, granted, court, testatrix and bond

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16. North Carolina. It was decided by the court of conference, then the highest tribunal in North Carolina, that letters granted in Ge irght were insufficient. Conf. Rep. 68. But the supremo court have since held that letters testamentary granted in South Carolina were sufficient to enable an executor to sue in North Carolina. 1 Car. Law Rep. 471. See 1 Hayw. No. C. 354.

By the revised statutes, o. 46, 0 6, it is provided that " when a testator or testatrix shall appoint any person, residing out of this state, executor or ex ecutrix of his or her last will and testament, it shall be the duty of the court of pleas and quarter sessions, before which the said will shall be offered for probate, to cause the' executor or executrix named therein to enter into bond with good and suffioient security for his or her faithful administra Lion of the estate of the said testator or testdtrix, and for the distribution thereof in the manner pre scribed by law ; the penalty of said bond shall be double the supposed amount of the personal estate of the said testator or testatrix; and until the said executor or executrix shall enter into such bond, he or she shall have no power nor authority to intermoddle with the estate of the said testator or testatrix, and the court of the county, in which the testator or testatrix had his or her last usual place of residence, shall proceed to grant letters of administration with the will annexed, which shall oontinne in force until the said excentor or execu trix shall enter into bond as aforesaid. Provided, nevertheless, and it is hereby declared, that the said executor or executrix shall enter into bond, as by this act directed, within the space of one year after the death of the said testator or testatrix, and not afterwards." 17. Ohio. Executors and administrators ap pointed under the authority of another state may, by virtue of such appointment, sue in this. Ohio Stat. vol. 38, p. 146; Act of March 23, 1840, which went into effect the first day of November follow ing; Swan's Coll. 184.

Orefion. Letters testamentary, or of administra tion, shall not be granted to a non-resident; and when an executor or administrator shall become non-resident, the probate court having jurisdiction of the estate of the testator or intestate of snob, executor or administrator shall revoke his letters.

Oreg. Stat. 1855, 352.

IS. Pennsylvania. Letters testamentary or of administration, or otherwise purporting to author ize any person to intermeddle with the estate of a decedent, granted out of the commonwealth, do not in general eonfer on any such person any of the powers and authorities possessed by an executor or administrator under letters granted within the state. Act of March 15, 1832, s. 6. But by the act of April 14, 1835, s. 3, this rule is declared not to apply to any public debt or loan of this com monwealth; but suoh publio debt or loan shall pass and be transferable, and the dividends thereon ac crued and to accrue be receivable, in like manner and in all respects. and under the same and no other regulations, powers, and authorities as were used and practised before the passage of the above-men tioned act. And the act of June 16, 1836, s. 3, declares that the above act of March 15, 1832, s. 6, shall not apply to shares of stock in any bank or other incorporated company within this common wealth, but such shares of stock shall pass and ba transferable, and the dividends thereon accrued and to accrue be receivable, in like manner in all re spects, and under the same regulations, powers, and authorities, as were used and practised with the loans or public debts of the United States, and were used and practised with the loans or public. debt of this commonwealth, before the passage of the said act of March 15, 1832, s. 6, unless the by laws, rules, and regulations of any such bank or corporation shall otherwise prov.ide and declare. Executors and administrators who had been law fully appointed in sonifi other of the United States might, by virtue of their letters duly anthentieated by the proper officer, have sued in this state. 4 Dall. Penn. 492 ; 1 Binn. Penn. 63. But letters of administration granted by the archbishop of York, in England, give no authority to the admi nistrator in Pennsylvania. 1 Dail. Penn. 456.

19. Rhode Island. It does not appear to be settled whether executDre and administratore ap pointed in another state may, by virtue of au& appointment, sue in this. 3 Griffith, Law Reg. 107, 108.

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