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be cited by the probate court to render account of his administration. at any time after the expiration of six months from the time of his receiving letters testamentary, or of administration, when it is made to appear to the satisfaction of the probate court by the application, under oath, of any party interested in the estate, that there are assets in the hands of such executor or administrator, the whole or any portion of which ought to be immediately decreed to be paid to such applicant. Every executor or administrator failing to render his account within one year as required by section two hundred and eighty-two of this chapter, may be cited by such court to render such account upon the application, under oath, of any party interested in the estate. When a new administrator shall be appointed in the place of any former executor or administrator of the same estate, the probate court shall have power upon the application of such new administrator, to cite such former executor or administrator to render account of his administration; and such order or decree thereupon, as may be proper, shall be made by such court, requiring such former executor or administrator to turn over and deliver to such new administrator any estate or effects remaining in the hands of such former executor or administrator unadministered. When an executor or administrator, after being duly cited by the probate court, shall neglect to render his account, or shall render a false account, he shall be liable on his bond for all damages that may accrue, and such court may also proceed against him as for a contempt, in like manner as in cases in other courts of record. An executor or administrator shall not be cited as herein provided, when there shall be in force an order of such court, giving him permission to delay the rendering of his account. [Amended, G. S. 332.]

SEC. 286. [Costs.--When costs are allowed in any case against an executor or administrator, execution shall not issue against the estate of the deceased in his hands therefor, but shall be awarded against him as his own debt; and the amount paid by him shall be allowed in his administration account, unless it shail appear that the suit or proceeding in which the costs shall be taxed, shall have been prosecuted or resisted without just cause.

SEC. 287. [Notice.]--Before the administration account of any executor or administrator shall be allowed, notice shall be given to all persons interested, of the time and place of examining and allowing the same, and such notice may be given personally to such persons as the probate court shall judge to be interested, or by public notice under the direction of the court.

PARTITION AND DISTRIBUTION OF ESTATES.

SEC. 288. [Allowance to children.]-Before any partition or division of any estate among the heirs, devisees, or legatees, as provided in this subdivision, the probate court shall make an allowance for the necessary expenses of the support of any children of the deceased under seven years of age; and it shall be the duty of the executor or administrator to retain in his hands sufficient estate for that purpose, except when some provision is made by will for their support. [Amended, G. S. 333.]

SEC. 289. [Assignment of estate.]--After the payment of the debts, funeral charges and the expenses of administration, and after the allowances made for the expense of the maintenance of the family of the deceased and for the support of the children under seven years of age, and after the assignment to the widow of her dower, and of her share in in the personal estate, or when sufficient assets shall be reserved in the hands of the executor or administrator for the above purposes, the county court shall, by a decree for that purpose, assign the residue of the estate, if any, to such other persons as are by law entitled to the same. [Amended and took effect Mar. 1, 1881.] [See 12 Neb. 281.]

SEC. 290. [Decree.]-In such decree, the court shall name the persons, and the proportions or parts to which each shall be entitled, and such persons shall have the right to demand and recover their respective shares from the executor or administrator, or any person having the same.

SEC. 291. [Same-Bond from heirs, etc.]-Such decree may be made on the application of the executor or administrator or of any person interested; but no heir, devisee or legatee shall be entitled to a decree for his share until payment of the debts and allowances and expenses mentioned in the preceding section shall have been made or provided for, unless he shall give a bond to the county judge, with such surety or sureties as he may direct, to secure the payment of the just proportion of such heir, devisee or legatee of such debts and expenses, or such part thereof as shall remain unprovided for, and to indemnify the executor or administrator against the same. [Amended and took effect Mar. 1, 1881.]

SEC. 292. [Partition.]-When such estate shall consist in part of real estate, and shall descend to two or more heirs, devisees or legatees, and the respective shares shall not be separate and distinguished, partition thereof may be made as provided by law. [Amended and took effect Mar. 1, 1881.]

SECS. 293-303. [Repealed by 1881, 235.]

SEC. 304. [Appeal.-Any person aggrieved by an order, decree, or denial of a court in pursuance of the provisions of this subdivision, may appeal therefrom as provided for in other cases.

SEC. 305. [Confirmation.]-The partition, when finally confirmed and established, shall be conclusive on all the heirs and devisees, and all persons claiming under them, and upon all persons interested.

SECS. 306-310. [Repealed by 1881, 235.]

PROBATE BONDS, AND THE PROSECUTION OF THEM.

SEC. 311. [How given.]-All bonds required by law to be taken in or by order of the probate court, shall be for such sum and with such sureties as the judge of probate shall direct, except when the law otherwise prescribes; and such bonds shall be for the security and benefit of all persons interested, and shall be taken to the judge of probate except where they are required by law to be taken to the adverse party. [R. S. 123. G. S. 337.]

SEC. 312. [Suit on bond.)-A suit may be brought on the bond of an executor or administrator by any creditor, when the amount due to him has been ascertained and ordered by the decree of distribution to be paid, if the executor or administrator shall neglect to pay the same when demanded.

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SEC. 313. [By whom brought.]-Such a suit may be brought by any person as next of kin to recover his share of the personal estate, after a decree of the probate court declaring the amount due to him, if the executor or administrator shall fail to pay the same when demanded.

SEC. 314. [Action against executor.]—When it shall appear, on the representation of any person interested in the estate, that the executor or administrator has failed to perform his duty in any other particular than those before specified, the judge of probate may authorize any creditor, next of kin, legatee or other person aggrieved by such mal-administration, to bring an action on the bond.

SEC. 315. [Prosecuting bond of executor.]-Whenever an executor or administrator shall refuse or omit to perform any order or decree made by a judge of probate having jurisdiction, for rendering an account or upon a settlement of any account, or for the payment of debts, legacies, or distributive shares, or for the delivery of specific legacies, such probate judge may authorize the party aggrieved by such refusal or omission to bring an action on the bond of such executor or administrator. [Amended, G. S. 338.]

SEC. 316. [Proceedings.]—In all suits upon such bonds as are mentioned in this subdivision the action shall be brought in the name of the party authorized to bring the same, or in the name of the guardian of such party; and in such action the plaintiff shall be entitled to recover such damages as he may have sustained to the amount of the bond and no more; and a judgment in favor of a party for one delinquency shall not preclude the same, or another party, from an

SEC. 311. The omission to personally name the judge will not invalidate the bond. 9 Neb. 293.

account on the same bond for other delinquencies; but the aggregate of all the recoveries on such bond cannot exceed the amount for which the bond was given. [Amended, G. S. 338.]

SEC. 317. [Copy of bond.]—On the application of any person authorized by this subdivision to commence a suit on such bond, the judge of probate may grant permission to such person to prosecute the same, and shall thereupon furnish to the applicant, on his paying the legal fee, a certified copy of the bond, together with a certificate that permission has been granted to prosecute it, and the name and residence of the applicant.

SEC. 318. [New administrator.]-When an executor or administrator shall, for any of the causes mentioned in this chapter, be removed from his trust, or shall die, or his authority shall otherwise be extinguished, and a new administrator shall be appointed, such new administrator shall be the party entitled to bring an action upon the bond of the former executor or administrator, for any damages sustained by reason of his neglect or refusal, or the neglect or refusal of his representatives, to turn over to such new administrator, pursuant to the order or decree of the probate court, or according to law, any estate remaining unadministered. [Amended, G. S. 338.1

SEC. 319. [New guardian.]—When the guardian of a minor, insane person or spendthrift, shall be removed from his trust, shall die, or his authority shall otherwise be extinguished, and a new guardian shall be appointed, such new guardian shall be the party entitled to bring an action upon the bond of the former guardian, for any damages sustained by reason of his neglect or refusal, or the neglect or refusal of his representatives, to turn over to such new guardian, according to the order or decree of the probate court, or according to law, any estate of the ward. [Amended, G. S. 339.]

SEC. 320. [Judgment.]-When an action is brought by any creditor, heirat-law, next of kin, or legatee, or devisee, upon the bond of any executor or administrator, as provided in this chapter, the judgment thereon, if in favor of the plaintiff, shall be deemed a satisfaction so far as such plaintiff is concerned, of so much of such order or decree, for the omission or refusal to perform which, the judgment was rendered. [Id.]

SEC. 321. [Money collected to be assets.]--When an action is brought pursuant to section three hundred and eighteen of this chapter, by any new administrator, the money collected therein by such new administrator shall be assets in his hands, to be administered according to law; and the probate court may make such new order or decree for the distribution thereof as the circumstances of the case may require. [Id.]

SEC. 322. [Actions barred.]--Whenever an action is rightfully brought by any creditor, heir-at-law, next of kin, or legatee, pursuant to the provisions of this chapter, the same shall, so far as the causes of action therein are concerned, be a bar to any other cause of action which might have accrued under the provisions of this chapter, but no farther; nor shall such bar arise from the failure of any such creditor, heir-at-law, next of kin, legatee [or] devisee to bring an action after the same shall have accrued and before the appointment of an administrator. [Id.]

CONVEYANCE OF REAL ESTATE BY EXECUTORS AND ADMINISTRATORS IN CERTAIN CASES.

SEC. 323. [Contracts enforced.]-When any person who is bound by a contract in writing to convey any real estate, shall die before making the conveyance, the court may make a decree, authorizing and directing the executor or administrator to convey such real estate to the person entitled thereto, in all cases where such deceased person, if living, might be compelled to execute such conveyance. [1867, 127.]

SEC. 324. [Petition.]-On the presentation of a petition, by any person claiming to be entitled to such conveyance from any executor or administrator, setting forth the facts upon which such claim is predicated, the judge shall appoint

a time and place of hearing such petition, and shall order notice of the pendency thereof, and of the time and place of hearing, to be published at least six successive weeks before such hearing in such newspaper or newspapers in this state as he may deem necessary.

SEC. 325. [Hearing.]—At the time and place appointed for such hearing, or at such other time as the same may be adjourned to, upon proof by affidavit of the due publication of the notice, the court shall proceed to a hearing, and all persons interested in the estate may appear before the court and defend against such petition, and the court may examine on oath the petitioner, and all others who may be produced before them for that purpose.

SEC. 326. Decree.]-After a full hearing upon such petition, and examination of the facts and circumstances of such claim, if the judge of the district court shall be satisfied that the petitioner is entitled to a conveyance of the real estate described in his petition, according to the provisions of this subdivision, he shall thereupon make a decree authorizing and directing the executor or administrator to make and execute a conveyance thereof to the petitioner.

SEC. 327. [Appeal.]-Any person interested may appeal from such decree to the district court for the same county, as in other cases, but if no appeal be taken from such decree within the time limited therefor by law, or if such decree be affirmed on appeal, it shall be the duty of the executor or administrator to execute the conveyance according to the direction contained in such decree; and a certified copy of the decree shall be recorded with the deed, in the office of the register of deeds in the county where the lands lie, and shall be evidence of the correctness of the proceedings, and of the authority of the executor or administrator to make the conveyance.

SEC. 328. [Dismissal of petition.]-If, upon a hearing in the district court as heretofore provided, the judge shall doubt the right of the petitioner to have a specific performance of the contract, he shall dismiss the petition without prejudice to the rights of the petitioner, who may at any time thereafter have a bill in chancery to enforce a specific performance of the contract, as hereinafter provided.

SEC. 329. [Specific performance.]-Whenever any person, who is bound by any contract to convey any real estate, shall die before making the conveyance the person entitled thereto may have a bill in the court of chancery to enforce a specific performance of the contract, by his heirs, devisees, or the executor or administrator of the deceased party who made such contract.

SEC. 330. [Proceedings.]—The court of chancery shall hear and determine every such case brought in said court, according to the course of proceedings in chancery and shall made such decree therein, as justice and equity shall require.

SEC. 331. [Decree of conveyance.]-If it shall appear that the complainant is entitled to have a conveyance the court may authorize and require the executor or administrator of the deceased party to convey the estate in like manner as the deceased party might and ought to have done if living; and if the heirs or devisees of such deceased person, or any of them, shall be within this state, and competent to act, the court may require them, or either of them, instead of the executor or administrator, to join in such conveyance with the executor or administrator.

SEC. 332. [Effect of conveyance.]-Every conveyance made in pursuance of a decree of the district court, or the court of chancery as provided in this subdivision, shall be effectual to pass the estate contracted for, as fully as if the contracting party himself was still living and then executed the conveyance.

SEC. 333. Record of decree.]-A copy of the decree for conveyance, made by the court, and duly certified and recorded in the office of the county clerk in the county where the lands lie, or a copy of the decree of the court of chancery for that purpose, duly certified by the clerk or register of that court, and recorded as aforesaid, shall give the person entitled to such conveyance a right to the possession of the lands contracted for, and to hold the same according to the terms of the intended conveyance, in like manner as if they had been conveyed in pursuance of the decree.

SEC. 334. [Same.]--The recording of any decree, as provided in the preceding section, shall not prevent the court making such decree from enforcing the same by any proper process according to the course of proceedings therein.

SEC. 835. [Death of person entitled to conveyance.]-If the person to whom the conveyance was to be made shall die before the commencement of proceedings according to the provisions of this subdivision, or before the conveyance is completed, any person who would have been entitled to the estate under him as heir, devisee, or otherwise, in case the conveyance had been made according to the terms of the contract, or the executor or administrator of such deceased person, for the benefit of the person so entitled, may commence such proceedings, or may prosecute the same, if already commenced, and the conveyance shall thereupon be so made as to vest the estate in the same persons who would have been so entitled to it, or in the executor or administrator for their benefit.

MISCELLANEOUS PROVISIONS.

SEC. 336. [Death etc., of executor.]-When an executor or administrator shall die, be removed from office, or resign, or when his letters shall be revoked during the pendency of any suit in which he is a party, the suit may be prosecuted by or against the executor or administrator appointed in his place, if any shall be appointed, in like manner as if it had originally been commenced by or against such last executor or administrator. [1869 § 1, 169. G. S. 342.]

SEC. 337. [Foreign executor.]-An executor or administrator duly appointed in any other state or county, may commence and prosecute any action or suit in any court in this state, in his capacity of executor or administrator, in like manner and under like restrictions as a non-resident may be permitted to sue; Provided, That in case any executor or administrator shall have been appointed in this state, such person only shall be entitled to commence and prosecute actions or suits within this state in his capacity as such executor or administrator. [Amended 1885, chap. 48.]

SEC. 338. [Appeal by executor, no bond required.]-Every executor or administrator who may have given bond in this state, with surety agreeably to law, shall be authorized, in all cases of appeal from one court to another, by him made, to prosecute the same without filing an appeal bond, such appeal to be prosecuted to the district court as appeals are now taken from courts of justices of the peace. [Id. § 3.]

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SEC. 339. Jurisdiction of judge at chambers.]-The judge of the district court of the state may, upon the application of an executor, administrator. or guardian, to sell or dispose of the real estate of decedents, spendthrifts, minors hear and determine the same at chambers in vacation; Provided, That in all cases where the judge shall order a sale of any real estate, while sitting at chambers, he shall make out, in writing, a copy of said order, and cause the same to be filed in the office of the clerk of said court, and said clerk shall thereupon record said order, in the record book of said court, before any sale shall be made as aforesaid. [Id. § 4.]

SEC. 340. [Sale of partnership property.]-The county court which shall have issued letters testamentary or of administration upon the estate of a deceased partner may, upon due notice to all parties interested, authorize the executor or administrator of such deceased partner to sell at public auction his interest in the partnership property, and the surviving partner may be a purchaser at such sale the same as any disinterested party. The administrator or executor making such

SEC. 336. "An act in reference to executors and administrators and probate judges, and for disposing of the real estate of decedents, spendthrifts or minors." Laws 1869, 169.

SEC. 337. If the plaintiff in a suit under this provision die, and the cause of action survive, the suit may be revived in the name of his executor or administrator. 6 Neb. 522.

SEC, 340. "An act providing for selling the interests of a deceased partner and settling the accounts between him and his surviving partners." Took effect Feb. 28, 1883.

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