A. D. 1912. Time proving. 2497. of words to that effect; nor unless such will was made in the last sickness of the deceased, in the house or place where he or she shall die. McGee v. McCants, 1 McC., 517; Ex parte Turner, 24 S. C., 214. Sec. 3259. No testimony shall be admitted to prove any nuncupative will, if six months have elapsed after speaking Civ. 02, the pretended testamentory words, except such testimony or the substance thereof were committed to writing within six days after the making of the said will, and then twelve months shall be allowed, and no more, for the probate of such will. Competency 2498. they may con Sec. 3260. All such witnesses as are and ought to be of witnesses. allowed to be good witnesses upon trial at law by the laws and customs of this State shall be deemed good witnesses to prove any nuncupative will, or anything relating thereunto. Kindred to Sec. 3261. No nuncupative will shall at any time be be cited that received to be proved, unless process shall have first issued to call in the widow or next of kindred to the deceased, to Civ. 02, the end that they may contest the same, if they please. Sec. 3262. Any soldier being in actual military service, or any mariner or seaman being at sea, may dispose of his Civ. '02, §movables, wages, and personal estate, as he or they might have done at common law. test. 2499. Soldiers' and mariner's wills. 2500. typewriting. "Writing" Sec. 3263. Wherever the word "writing" is used in this to include Title and Chapter, it shall be construed to include typewrit ing; and any and all wills and testaments heretofore or hereafter admitted to probate which may have been, or may be. in typewriting, are hereby validated and confirmed, and declared to be as effectual as they would have been had they been written by hand. TITLE VI. OF THE SETTLEMENT OF ESTATES OF DECEASED PERSONS, TRUSTS AND SPECIAL CHAPTER LXIX. Letters Testamentary and Proceedings CHAPTER LXX. Administration of Intestates' Estates. CHAPTER LXXIV. Settlement and Distribution of Intes- CHAPTER LXXV. Liability of Heirs. CHAPTER LXXVI. Trusts and Special Provisions Relating to Trusts and Guardianships. CHAPTER LXIX. Letters Testamentary and Proceedings on the Probate of EC. Wills. SEC. 3274. Infirm or distant executors 3275. What a sufficient probate of 3276. Letters, &c., on nuncupative A. D: 1912, A. D. 1912. When letters Section 3264. Whenever a deceased person shall have left of administra- a will in writing without having appointed an executor tion, with the will annexed, therein, or, having appointed one or more executors, all of to be granted them shall have departed this life without having qualified Rules to gov ern appoint cases. 2501. ment in such thereon, or, being alive, shall have refused to qualify, or some or all of them having qualified, shall have departed Civ. 02. this life, leaving the estate not fully administered, it shall be the duty of the Judge of Probate, in whose Court such will shall have been proved, to grant letters of administra tion, with the will annexed, to such persons as shall have the greatest interest in sustaining such will, in the order of their interests. And in case no person taking interests under such will shall apply within three months after the death of the testator, then to the greatest creditor or creditors: and in default of such applying, then to such other persons as may apply therefor. Non-resident ecutor u pon 1902, XXIII, 1064. 908. Who is such creditor.-Burkhim v. Pinkussohn, 58 S. C., 469; 36 S. E A non-resident of the estate cannot be appointed administrator.-. See also Smith v.. Wingo, Rice, 287; State v. Watson, 2 Speer, 97; Rose T Thornley, 33 S. C., 313; 12 S. E., 11. Sec. 3265. From and after the first day of July, A. D. may act as Ex-1902, no letters testamentary shall be granted or issued to certain condi- any executor named in any will admitted to probate in tions named. this State, who is at the time when such letters are granted a non-resident of this State, unless such executor shall first enter into bond in the same manner as is required by law with regard to an administrator with the will annexed. nor unless such executor shall first file with the Probate Judge of the County where such will is admitted to probate, his consent, by written instrument, that service may be made upon him of the summons or other process in suits or actions concerning the administration of the estate in his charge, in this State, by service of the same upon resident of said County as may be appointed by said nonresident executor in such instrument; and in case of the death or absence from the State of the person so appointed. or any successor named by similar instrument, filed with the Probate Judge, then upon the Probate Judge of said Powers non County. such of Sec. 3266. Upon the granting of such letters such not; resident exe- resident executor shall be vested with all the powers cutor.-Ib. resident executors. A. D. 1912, Renunciation non-resident how estab Sec. 3267. After the lapse of twelve months from the date of the admission to probate of any will in this of office by State, if it be made to appear to the satisfaction of the Executor; Probate Judge of the County where such will has been fished.-Ib. admitted to probate, that any executor named in said will is a non-resident of this State and has not prior thereto qualified upon said will, then it shall be the duty of the said Probate Judge to cite such executor to qualify before him on a day named in the citation, which shall be not less than sixty days from the date thereof, and such citation shall be served upon such non-resident executor in the manner now required by law with regard to an executor who may have changed his domicile beyond the limits of this State; and if such non-resident executor fails to appear n person or by attorney upon the day named, or appearing, shall fail to disprove that he is a non-resident, and failing o to appear or disprove that he is a non-resident, shall not vithin thirty days after the day fixed in said citation qualify in the manner herein provided for non-resident xecutors, then such failure shall be received as a formal enunciation by him of his appointment or nomination as xecutor under the terms of said will. Executor of an executor not to repre first testator. Civ. '02, § 2502. Sec. 3268. No executor of an executor shall have author- Reeves v. Tappan, 21 S. C., 6; Reeves v. Brayton, 36 S. C., 384; 15 S. E., Executor or administrator nexed, to take oath. Sec. 3269. Every executor or administrator with the will nexed, at the time of proving the will or the granting of with will anIministration, shall take the following oath: "I do solemnly oath: form of wear that this writing contains the true last will of the Civ. '02, § ithin named A B, deceased, so far as I know or believe; 2503. d that I will well and truly execute the same, by paying st the debts and then the legacies contained in the said. 11, so far as his goods and chattels will thereunto extend d the law charge me, and that I will make a true and A. D. 1912. Administrator, with will amount of; perfect inventory of all such goods and chattels: So help me God." Sec. 3270. The administrator with the will annexed shall annexed, to enter into bond in a penalty double the estimated value of give bond the personal property of the intestate, and shall have two how fixed. or more good sureties, the aggregate value of whose estates, Civ. 02, over and above their indebtedness, shall not be less than the full amount of the penalty of the bond. 2504. guardians, ex may charge bond to tate. 541. es Trustees, Sec. 3271. Any person appointed executor, administrator, ecutors, etc., guardian, receiver, trustee, or to act in any fiduciary capac premium ity, who is required by law to give bond, and who gives bond signed by any surety company authorized to do business 1907. XXV, in this State, and which bond is approved, shall be allowed and may include as part of his expenses a reasonable sum paid to such company as a premium for signing such bond. the reasonableness to be passed upon by the Court or officer that passes upon the sufficiency of the bond: Provided, That in no case shall the premium amount to more than one per cent. of the penalty of the bond. bond. Civ. '02, S 2505. Condition of Sec. 3272. The condition of the said bond shall be in the following form, to wit: "The condition of this obligation is such that if the above bound C D, administrator, with the will annexed, of the goods, chattels, and credits of E F. deceased, do make, or cause to be made, a true and perfect inventory of all and singular the goods, chattels and credits of the said deceased, which have or shall come into the hands or possession or knowledge of the said C D, or into the hands or possession of any other persons for him, and the same so made do exhibit into the said Court of Probate at such time as he shall be thereunto required by the said Court, and the same goods, chattels and credits do well and truly administer according to law, and make a just and true account of his actings and doings therein when lawfully required; and, further, do well and truly pay and deliver all the legacies contained and specified in the said will, as far as the goods, chattels and credits will extend, and the law require, then this obligation to be void, or else to remain in full force." Walker v. Crossland, 3 Rich. Eq., 23. Sec. 3273. The said bond shall be made payable to the Judge of Probate of the County and his successors, and may |