important duties of an executor or administrator.18 An inventory, however, may be dispensed with in certain cases, as where the executor or administrator gives a bond conditioned that he pay all debts and legacies,11 and in those cases where, under the statutes of the particular jurisdiction, an estate may be settled without the intervention of the probate court.15

Should the testator in his will excuse the executor from the requirement of filing an inventory, this direction will not relieve the executor from such duty, the provision being contrary to public policy.16 But it is said that all parties interested under the will or in the estate may by mutual consent waive the statutory requirement that the executor or administrator file an inventory.17

§ 1395. Time Within Which Inventory Must Be Filed: When Inventory May Be Dispensed With.

The time within which an executor or administrator must exhibit or file his inventory of the property of the estate is purely a matter of statutory regulation in the

13 Moore v. Holmes, 32 Conn. 553.

As to heirs of decedent or beneficiaries under will settling all claims and dividing property by agreement without probate, the estate consisting only of personalty, see § 1180.

14 See § 1364.

15 See § 1287.

In Texas, where a testator may direct in his will that no other proceedings be required regarding his estate other than the recording of the will and return of in

ventory, appraisement and claims, it is held that the fact that the will excuses its executor from making an inventory does not destroy his right to administer the estate independently of the court where the will so directs.Patten v. Cox, 9 Tex. Civ. 299, 29 S. W. 182.

16 Potter v. McAlpine (In re Potter), 3 Dem. Surr. (N. Y.) 108.

But compare Matter of Warner, 53 App. Div. (N. Y.) 565, 65 N. Y. Supp. 1022.

17 Estate of Barnes, 1 N. Y. Civ. Pro. Rep. 59.

various jurisdictions: in some it is fifteen days,18 in others thirty days,19 sixty days,20 or three months.21 Such statutes prescribing the time of filing are generally held to be merely directory, and an inventory made and filed subsequent to the time specified in the statute is not for such reason invalid.22 It is likewise prescribed by some statutes that the court may extend the time of filing the inventory when he deems it necessary or expedient.23 Failure, however, to make a return of the inventory of the estate within the time specified by the statute is a violation of the duty of an executor or administrator and furnishes a ground for his removal from office.24 This does not mean, however, that the executor or administrator must be removed, but the matter is submitted to the discretion of the court as to whether or not under the circumstances the representative has been so neglectful of his duty as to require his letters to be revoked.25

18 Iowa Code, § 2370; Poole v. Burnham, 99 Iowa 493, 68 N. W. 816.

19 Hill's Ann. Laws, Ore., § 1112; In re Conser's Estate, 40 Ore. 138, 66 Pac. 607; 2 Ballinger's Ann. Codes & Stats., Wash., § 6201; In re Belt's Estate, 29 Wash., 535, 92 Am. St. Rep. 916, 70 Pac. 74.

20 Moore v. Holmes, 32 Conn. 553.

21 Cal. Code Civ. Pro., § 1443; Phelan v. Smith, 100 Cal. 158, 34 Pac. 667; McGee v. Weissinger, 147 Ky. 321, 144 S. W. 20; Forbes v. McHugh, 152 Mass. 412, 25 N. E. 622; In re Comins' Estate, 9 App. Div. 492, 41 N. Y. Supp. 323.

22 Phelan v. Smith, 100 Cal. 158, 34 Pac. 667.

23 See In re Holladay's Estate, 18 Ore. 168, 22 Pac. 750.

24 Oglesby v. Howard, 43 Ala. 144; Estate of Graber (Graber v. Schram), 111 Cal. 432, 44 Pac. 165; Williams v. Tobias, 37 Ind. 345; McFadden v. Ross, 93 Ind. 134; In re Holladay's Estate, 18 Ore. 168, 22 Pac. 750; Estate of Brophy, 12 Phila. (Pa.) 18; Buchser v. Buchser, 72 Wash, 675, 131 Pac. 194, 132 Pac. 239.

See § 1414.

25 Estate of Graber (Graber v. Schram), 111 Cal. 432, 434, 44 Pac. 165.

See § 1414.

The statute may require an inventory to be made, to be exhibited, to be returned, or to be filed, and the procedure in such cases is according to the local practice. An inventory required by the statute to be returned is so returned when handed to the judge of the probate court for information and as a basis for judicial action to be taken in proceedings for the settlement of the estate. Filing of the inventory with the clerk of the court is not an indispensable requisite to its return.26

While the statutes invariably require that an inventory be returned within a specified time, yet where no personal estate has come into the hands of the executor or administrator and he has no knowledge of the existence of any, it would be a useless formality to require him to file an inventory.27 Lapse of time may be a sufficient excuse to dispense with the filing of an inventory, as where twenty-nine years 28 or thirty-five years29 have passed since the administration commenced; or if so long a period has elapsed that there is a reasonable presumption that the estate has been fully administered.30 Where the executor shows that the whole estate has been accounted for and distributed among those entitled thereto, even though the accounting and distribution were made out of court, an inventory will not be required to be returned.81

26 Lux's Estate, 100 Cal. 593, 600, 35 Pac. 341.

27 Estate of Langton, 16 Phila. (Pa.) 368.

28 Leroy ▼. Bayard, 3 Bradf. (N. Y.) 228.

29 Bowles v. Harvey, 4 Hagg. Ecc. 241.

30 Ritchie V. Rees, 1 Addams 144.

81 Matter of Wagner, 119 N. Y. 28, 23 N. E. 200.

§1396. Reasons Why Inventory Is Required.

The requirement that the executor or administrator file an inventory of the assets of the estate under his charge is to secure regularity and method in the management of the estate and to safeguard the rights of all interested parties by furnishing a means of accurate information as to the extent and value of the estate in the course of administration.32 The purpose of an inventory is also to preserve a record of the property and to ascertain and determine its value, and the executor or administrator is properly chargeable with the assets of the estate as set forth in the inventory.33 It is also said that the reason for an inventory is to ascertain the state of the property at the time it is taken by the personal representative, and partly for the information of creditors of the estate.35

34

§1397. Appraisement of Estate.

The usual procedure is that the property inventoried by the executor or administrator be appraised by disinterested parties appointed by the court for such purpose. The valuation of the property fixed by the appraisers is usually set forth opposite the respective items in the inventory. The appraisement determines the amount with which the executor or administrator shall stand charged until he has accounted for the property. It is a general rule that all property inventoried must likewise

32 Hopkins' Appeal, 77 Conn. 644, 60 Atl. 657; Hall v. Carter, 8 Ga. 388; McWillie v. Van Vacter, 35 Miss. 428, 72 Am. Dec. 127. 33 In re Conser's Estate, 40 Ore. 138, 66 Pac. 607.

84 Succession of Pipkin, 7 La. Ann. 617; Succession of Dean, 33 La. Ann. 867.

35 Thompson v. Thompson, 77 Ga. 692, 3 S. E. 261.

36

be appraised. In some jurisdictions an appraisal is absolutely necessary and the accounts of an executor or administrator can not be settled until the appraisement has been made.37 It has, however, been held that the appraisement may be omitted upon the joint request of all interested parties.38 The appraisement is usually made by disinterested persons appointed by the court and of the court's selection except as it may accept suggestions from the personal representative.39 The appraisement must be sworn to by the appraisers before an officer authorized to administer the oath.40

Appraisers are officers of the court and the amount of their fees is usually fixed by statute. They can neither demand nor receive more than the statute allows them, no matter how large the estate may be, unless the interested parties consent.11

§ 1398. Manner of Making Appraisement.

The appraisers must make their appraisement according to their best knowledge and ability; the court can not direct the manner in which they are to estimate the value of the property.12 Neither can parties interested under the will or in the estate interfere with the appraisers in

36 In re Conser's Estate, 40 Ore. 138, 66 Pac, 607.

In California, by § 1446, Code Civ. Pro., if the entire estate consists of money only there need be no appraisement, but an inventory must be made and returned as in other cases.

37 Estate of Selna, Myr. Prob. (Cal.) 233.

38 Mayrand v. Mayrand, 96 Ill. App. 478.

39 Dilts v. Stevenson, 17 N. J. Eq. 407.

40 Horn's Legatees v. Grayson, 7 Port. (Ala.) 270.

See § 1399.

41 Succession of Hautau, 32 La. Ann. 54; Matter of Harriot, 145 N. Y. 540, 40 N. E. 246; Estate of Bradley, 11 Phila. (Pa.) 87.

42 In re M'Caffrey's Estate, 50 Hun 371, 3 N. Y. Supp. 96.