Part 7 (1/2)

If no executors are named in the will, one or more may be appointed to carry it into effect. [--3532.]

[Sidenote: Posthumous children.]

Posthumous children unprovided for by the father's will, shall inherit the same interest as though no will had been made. [--3534.]

[Sidenote: Heirs of a devisee.]

If a devisee die before the testator, his heirs shall inherit the amount so devised to him unless from the terms of the will a contrary intent is manifest. [--3537.] The word heir in this section does not include the widow of the testator, and she cannot inherit from a child to whom property has been devised by his father, but who has died before the father.

[Sidenote: Married women.]

A married woman may act as executor independent of her husband. [--3545.]

[Sidenote: Minors.]

If a minor under eighteen years of age is appointed executor, there is a temporary vacancy as to him until he reaches that age. [--3546.]

[Sidenote: Administration. Who ent.i.tled. Order.]

In other cases where an executor is not appointed by will, administration shall be granted:

1. To the wife of the deceased;

2. To his next of kin;

3. To his creditors;

4. To any other person whom the court may select. [--3555.]

[Sidenote: Cla.s.ses united.]

Individuals belonging to the same or different cla.s.ses, may be united as administrators whenever such course is deemed expedient. [--3556.]

[Sidenote: Time allowed.]

To each of the above cla.s.ses in succession a period of twenty days, commencing with the burial of the deceased, is allowed within which to apply for administration upon the estate. [--3557.]

CHAPTER VIII.

SETTLEMENT OF THE ESTATE--DESCENT AND DISTRIBUTION OF PROPERTY.

[Sidenote: Exempt personal property.]

When the deceased leaves a widow, all the personal property which, in his hands as head of the family, would be exempt from execution, after being inventoried and appraised, shall be set apart to her as her property in her own right, and be exempt in her hands as in the hands of the decedent. [--3575.] This provision secures an advantage to the wife which does not exist in favor of the husband. Upon the death of the wife all personal property belonging to her, whether exempt or not, pa.s.ses to her administrator to be distributed by him among her heirs. A widow is not ent.i.tled to pension money, although the same was exempt in the hands of her husband, the exemption being for the benefit of the pensioner as such, and not as head of a family.

[Sidenote: Life insurance.]

The avails of any life insurance or any other sum of money made payable by any mutual aid or benevolent society upon the death of a member of such society, are not subject to the debts of the deceased, except by special contract or arrangement, but shall in other respects, be disposed of like other property left by the deceased. [--3576.] A policy of insurance on the life of an individual, in the absence of an agreement or a.s.signment to the contrary shall inure to the separate use of the husband or wife and children of said individual, independently of his or her creditors. And the avails of all policies of insurance on the life of an individual payable to his surviving widow, shall be exempt from liabilities for all debts of such beneficiary contracted prior to the death of the deceased, provided that in any case the total exemption for the benefit of any one person shall not exceed the sum of five thousand dollars. [--1756, Sup.] The contract between the a.s.sured and the insurance company, cannot be changed in any particular without the consent of the company, and a testator cannot, by will, change the beneficiary named in the policy unless it is expressly so provided in the contract. Where a policy is made payable to the a.s.sured or his legal representatives, the proceeds of the policy will pa.s.s to the administrator of his estate, and will be paid to the wife and children, but no part can be distributed to other heirs. If the a.s.sured leaves a wife or husband and no children, the entire proceeds of the policy will go to the wife or husband, and after they have pa.s.sed into the hands of the beneficiary, they will not be subject to execution for the payment of his or her debts, provided they do not exceed the sum of five thousand dollars.