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Accounts, lists, &c., to be filed.
SEC. 130. Every such executor or administrator, on or before the first day of the term of the court at which he is notified that such application will be made, shall file with the court, perfect accounts, lists and inventories, made out and verified as those required to accompany a petition by himself. If such executor or administrator fail to comply with this section, the court shall compel him to do so by attachment.
SEC. 131. When such petition and such accounts, lists and inventories shall be filed, the court shall order that all persons interested in the estate be notified thereof, and that unless the contrary be shown, on the first day of the next term of the court, an order will be made for the sale of the whole, or so much of such real estate, as will pay the debts of the deceased. Such notice shall be published for three weeks in some newspaper in the county if there be one, if not, by three hand-bills to be put up at three public places in the county in which the land lies, at least thirty days before the tern of the court at which any such order will be made, in the discretion of the probate court.
SE. 132. Upon proof of publication, the court shall hear the testimony, and may, if necessary, examine all the parties on oath touching the application, and make an order for the sale of such real estate, or any part thereof, in this territory, at public or private sale.
Sec. 133. If any executor or administrator, or other person interested in any estate, file a petition, setting forth the facts, and describing the real and personal estate, and praying that the personal estate may, be reserved, and real estate sold for the payment of debts, the same steps shall be taken, and the same proceedings and publication had as above directed, upon a petition to sell real estate for the payment of debts, and the court may order the whole, or any part of the personal estate to be reserved ; and the real estate, or any part of it may be sold at public or private sale.
Sec. 134. Before any executor or administrator shall
Order for sale.
Personal estat ras rved.
sell any real estate, or any interest therein by order of any court, he shall have it appraised by three disinterested householders of the county in which it lies.
SEC. 135. Such appraisers shall make an affidavit that Affidavit. they will, according to the best of their abilities, view and appraise the estate to them shown, and they shall view and appraise the same, and deliver to the executor or administrator, a certificate thereof, under their hands.
SEC. 136. In all sales of real estate made by an executor or administrator, he shall cause a notice, containing a particular description of the estate to be sold, and stating the time and place and terms of sale, to be published in some newspaper in the county for four weeks, and shall put up a copy of such notice in three public places in the county in which the sale is to be made, twenty days before the day of sale. If the probate court shall think it advisable, and so order, the publication of such notices in Notice dispo nathe newspaper may be dispensed with.
SEC. 137. All public sales of real estate, made by order sales to be mado of any court for the payment of debts, shall be made at the door of the court-house or county building of the county in which such estate is situated, and shall be conducted openly by auction.
Not less than three-fourths ap
SEC. 138. No real estate, sold for the payment of debts, shall be sold at private sale for less than three-fourths praised value of its appraised value, nor shall the executor or administrator, directly or indirectly, become the purchaser of such real estate.
SEC. 139. At the next term of the probate court after such sale, the executor or administrator shall make a full report of his proceedings, with the certificate of appraisement and a copy of the advertisement, which report shall be verified by affidavit, stating that he did not, directly or indirectly, purchase such real estate, or any part thereof, or any interest therein, and that he is not interested in the property sold, except as stated in the report.
SEC. 140. If such report and proceedings of the Proceedingɑ
Contract to be executed.
executor and administrator be not approved by the court, his proceedings shall be void, and the court may order a new sale, upon which the same proceedings shall be had as upon the original order.
SEC. 141. If such report be approved by the probate court, such sale shall be valid. and the exccutor administrator shall execute, acknowledge and deliver to the purchaser, a deed, reciting the order of sale, and the court by which it was made, the certificate of appraisement, the advertisement, the time and place of sale, the report of the proceedings, and the consideration and conveying to the purchaser, and the right, title and interest which the deceased had in the same.
SEC. 142. Such deed shall convey to the purchaser all the right, title and interest which the deceased had in such real estate at the time of his death, discharged from liability for his debts and shall be evidence of the facts therein recited.
SEC. 143. If any testator or intestate shall have entered inte contract, in writing, for the conveyance of any real estate, and shall not have executed the same in his lifetime, nor given power, by will, to execute the same, the other party, wishing a specific execution of such contract, may file a petition to the probate court, setting forth the facts, and praying that an order may be made that the executor or administrator execute execute such contract specifically by executing to him a deed for the same.
SEC. 144. Such petitioner shall annex to his petition an affidavit to the truth thereof, and stating that no part of such contract has been satisfied, except as stated in the petition.
Suc. 145. A notice of such application and a copy of the petition, shall be served on the executor or administrator twenty days before the first day of the term at which it is to be made.
SEC. 146. If the court after hearing all parties, believe that specified execution of such contract ought to be made,
it shall make an order that the executor or administrator execute such contract specifically, saving to infants, married women, persons of unsound mind, and persons absent from the United States, the term of five years after their disabilities are removed, to appear and file their bill in chancery, to set aside such order for fraud or otherwise.
SEC. 147. When any order for the specific execution of a contract shall be made, the executor or administrator shall execute and deliver to the petitioner a deed, and acknowledge it in open court, conveying the estate according to the order, and expressing therein the saving of the rights above hamed, according to the order, and stating the date of the order, and the court at which it was made.
SEC. 148. Such deed shall be as effectual as if it had been exeented by the deceased.
Five year to appea
SRC. 150. If, upon the settlement of the accounts of any executor or administrator, it appear that the personal estate is not sufficient to satisfy all demands established against such estate, the probate court may make such order as it may think necessary for the sale of the real estate for that purpose, and the sale shall be conducted, and the same proceedings had in relation thereto, as is provided in this title in relation to the sale of real estate, for the payment of
ance of real estate
SEC. 149. If any executor or administrator hold a Bond for conveybond, or any other instrument of writing, on the testator or intestate, for the conveyance of any real estate, which shall not have been completed within the lifetime of such testator or intestate, nor power will be given to execute the same, the executor or administrator shall proceed against his coexecutor or co administrator in the same manner as prescribed by this title in other cases; but if there be no co-executor or co-administrator, he shall file his petition as herein provided, and the court shall appoint some suitable person to appear and manage the defense on the part of those interested, who shall have all the powers and perform the same duties required of executors or administrators, in such case, by this title.
Order by probate court.
Classes of demmands.
Barred after one year.
Actions which Burvive.
Actions commenced after death.
debts upon the petition of the executor or administrator, creditor or other person interested.
Of the allowance of Demands against Estates.
SEC. 151. All demands against the estate of any deceased person shall be divided into the following classes: First, Funeral expenses and expenses of administration. Second, Expenses of the last sickness, wages of servants, and demands for medicines and medical attendance during the last sickness of the deceased.
Third, Judgments rendered against the deceased in his lifetime; but if any such judgments shall be liens upon the real estate of the deceased, and the estate shall be insolvent, such judgments, as are liens upon the real estate, shall be paid as provided in this title, without reference to classification, except the classes of demands mentioned in the first and second subdivision of this section, shall have procedence of such judgments.
Fourth, All demands, without regard to quality which shall be legally exhibited against the estate within six months after the granting of the first letters on the estate. Fifth, All demands thus exhibited within one year after letters granted.
SEC. 152. All demands, not thus exhibited within one year, shall be forever barred, saving to infants, persons of unsound mind, imprisoned or absent from the United States, three years after the removal of their disabilities.
SEC. 153. All actions pending against any person at the time of his death, which, by law, survive against the executor or administrator, shall be considered demands legally exhibited against such estate, from the time such action shall be revived, and classed accordingly.
SEC. 154. All actions commenced against such executor or administrator, after the death of the deceased, shall be considered demands legally exhibited against such estate, from the time of serving the original process on such executor or administrator.