||LAWS OE UTAH. 43 when said tenant fails or refuses to fulfil any of the terras of his contract with ita owner, or when the Jea.se of said tenant has expired, or when said tenant is wasting or otherwise damaging the aforesaid property, or when said tenant has underlet said property or any part thereof, contrary to contract or against the express wish of the owner, or when said tenant shall use said property or any part thereof for any unlawful or disorderly purpose, or purpose not specified in the contract; and the aforesaid constable or sheriff, or a deputy of either, is hereby required and empowered to take at least two persons with him, and to at once proceed and use such course and resources as shall be requisite to remove the aforesaid person, and his effects, in unlawful or forcible possession; or to remove any tenant and his effects when in possession as hereinbefore specified, and place the owner in full and peaceable possession of his property. Any sheriff or other officer, refusing to discharge the duties as required in this section, shall, on conviction thereof, befined not exceeding one hundred dollars. Sec. 3.-Should any person, in unlawful or violent possession of property as aforesaid, or any tenant, deem himself aggrieved or damaged by the action, under this act, of any owner of property, or of any constable, sheriff, or deputy of either,' any court having jurisdiction is hereby required and empowered to hear and adjudicate the complaint of the aforesaid person or teiiaiit. • Approved Jan. 20, 1860. CHAPTER XIV. An ACT in relation to the estates of decedents. Sec. 1.-Be it enacted by the Governor and Legislative Assembly of the Territory of .Utah: That any person of full age and sound mind may dispose, by will, of all his property, except what is sufficient to pay his debts, or what is allowed as homestead or otherwise to wife or family; property subsequently acquired may also be devised. Sec. 2.-Personal property may be bequeathed by verbal will, if witnessed by two competent witnesses; all other wills to be valid must be in writing, witnessed by two competent witnesses, and signed by the testator, or by some person in his presence and by his express direction. Sec. 3.-Posthumous children, unprovided for by the father's will, shall inherit the same interest as though no will had been made. Sec. 4.-"Wills duly sealed up and endorsed may be deposited with the clerk of the probate court, whose duty it is to file and safely preserve the same until the death of the testator or testators, unless they themselves sooner demand them. Sec. 5.-Any person having the custody of a will shall, at the first stated term of the court, after being informed of the death of the testator, bring the same into court, where it shall be publicly read. Sec. 6.- "Wills, when proved and allowed, shall have a certificate thereof endorsed or annexed thereto, signed by the clerk, and attested by the seal of the court, all of which shall be recorded in a book to be kept for that purpose; and every will so certified, or record thereof, or a transcript of such record duly authenticated, may be read in evidence in all courts within this Territory, without further proof. Wills must be thus allowed and attested, to be carried into effect. Sec. 7.-Executors are entitled to a copy of the will; and if there is no executrir appointed in the will, or if he, or they shall fail to qualify or act, they may he appointed by the court. The court may also, for good cause, remove executors, as also fill vacancies. Sec. 8.-In the administration of the estate of any deceased non-resident, an executor may be appointed and qualify himself as required of other executors, unless another executor has previously been appointed in this Territory. Sec. 9.-"Where no executor is appointed by will, administration shall be granted: first, to the wife of the deceased; second, to his next of kin; third, to his creditors; fourth, to any other person whom the court may select; aiui the court may unite individuals belonging to the same or different classes as executors, whenever it deems such a course expedient. The courr, must not/appoint a person, as executor, who is manifestly unsuitable for the discharge of the trust, nor who is a minor.