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To what

cases

section not to apply.

1574. (§. 191.) The preceding section shall not preceding apply to minors or others under any legal disability, to sue at the time when the right of action first accrues; but all such persons may commence an action at any time within three years after the removal of the disability.

Account of sale to be

returned.

Executor,
etc., not
to be
purchaser.

1575. (§ 192.) When a sale has been made by an executor or administrator, of any property of the estate, real or personal, he must return to the Probate Court, at its next term thereafter, an account of sales, verified by his affidavit. If he neglects to make such return, he may be punished by attachment, or his letters may be revoked, one day's notice having been first given him to appear and show cause why such attachment should not issue, or such revocation should not be made.

1576. ($193.) No executor or administrator must, directly or indirectly, purchase any property of the estate he represents, nor must he be interested in any sale.

CHAPTER VIII.

OF THE POWERS AND DUTIES OF EXECUTORS AND ADMIN-
ISTRATORS, AND OF THE MANAGEMENT OF ESTATES.

SECTION 1581. Executors to take possession of the entire estate.
1582. Executors may sue and be sued for recovery of prop-

erty.

1583. May maintain actions for waste, conversion, and tres

pass.

1584. Executor and administrator may be sued for waste or

trespass of decedent.

1585. Surviving partner to settle up business. Interest therein to be appraised. Account to be rendered. 1586. Actions on bond of executor or administrator may be

brought by another administrator.

1587. What executors are not parties to actions.

1588. May compound.

SECTION 1589. Recovery of property fraudulently disposed of by tes

tator.

1590. When executor to sue, as provided in preceding

section.

1591. Disposition of estate recovered.

1581. (§ 194.)

The executor or administrator Executors

to take of the

must take into his possession all the estate of the possession decedent, real and personal, and collect all debts due entire

For the
For the purpose of

to the decedent or to the estate.
bringing suits to quiet title, or for partition of such
estate, the possession of the executors or administrators
is the possession of the heirs or devisees; such posses-
sion by the heirs or devisees is subject, however, to
the possession of the executor or administrator, for the
purposes of administration, as provided in this Title.

estate.

may sue

and be

sued for

recovery of

property.

1582. (§ 195.) Actions for the recovery of any Executors property, real or personal, or for the possession thereof, and all actions founded upon contracts, may be maintained by and against executors and administrators, in all cases in which the same might have been maintained by or against their respective testators or intes

tates.

May

maintain

actions

for waste,

and

1583. (§ 196.) Executors and administrators may maintain actions against any person who has wasted, destroyed, taken, or carried away, or converted to his conversion, own use, the goods of their testator or intestate, in his trespass. lifetime. They may also maintain actions for trespass committed on the real estate of the decedent in his lifetime.

and admin

may be

sued for decedent.

waste or trespass of

1584. (§ 197.) Any person or his personal repre- Executor sentatives may maintain an action against the executor istrator or administrator of any testator or intestate who in his lifetime has wasted, destroyed, taken, or carried away, or converted to his own use, the goods or chattels of any such person, or committed any trespass on the real estate of such person.

Surviving partner to settle up business.

Interest
therein
to be
appraised.

Accourt to be rendered.

Actions on bond of

adminis

1585. ($198.) When a partnership exists between the decedent, at the time of his death, and any other person, the surviving partner has the right to continue in possession of the partnership, and to settle its business, but the interest of the decedent in the partnership must be included in the inventory, and be appraised as other property. The surviving partner must settle the affairs of the partnership without delay, and account with the executor or administrator, and pay over such balances as may from time to time be payable to him, in right of the decedent. Upon the application of the executor or administrator, the Probate Judge may, whenever it appears necessary, order the surviving partner to render an account, and in case of neglect or refusal may, after notice, compel it by attachment; and the executor or administrator may maintain against him any action which the decedent could have maintained.

1586. (§ 199.) An administrator may, in his own executor or name, for the use and benefit of all parties interested trator may in the estate, maintain actions on the bond of an executor, or of any former administrator of the same estate.

be brought

by another adminis

trator.

What executors are not

parties to actions.

May compound.

1587. ($ 200.) In actions by or against executors, it is not necessary to join those as parties to whom letters were issued, but who have not qualified.

1588. ($201.) Whenever a debtor of a decedent is unable to pay all his debts, the executor or administrator, with the approbation of the Probate Court or Judge, may compound with him, and give him a discharge upon receiving a fair and just dividend of his effects. A compromise may also be authorized, when it appears to be just, and for the best interest of the

estate.

of property

lently

by testator.

1589. (§ 202.) When there is a deficiency of Recovery assets in the hands of an executor or administrator, fraudu and when the decedent, in his lifetime, has conveyed disposed of any real estate, or any rights or interests therein, with intent to defraud his creditors, or to avoid any right, debt, or duty of any person, or has so conveyed such estate that by law the deeds or conveyances are void as against creditors, the executor or administrator must commence and prosecute to final judgment any proper action for the recovery of the same; and may recover for the benefit of the creditor all such real estate so fraudulently conveyed; and may also, for the benefit of the creditors, sue and recover all goods, chattels, rights, or credits which have been so conveyed by the decedent in his lifetime, whatever may have been the manner of such fraudulent conveyance.

When

executor

to sue, as

provided in

section.

1590. (§ 203.) No executor or administrator is bound to sue for such estate as mentioned in the preceding section, for the benefit of the creditors, unless preceding on application of creditors, who must pay such part of the costs and expenses of the suit, or give such security to the executor or administrator therefor, as the Probate Judge shall direct.

of estate

1591. (§ 204.) All real estate so recovered must Disposition be sold for the payment of debts, in the same manner recovered. as if the decedent had died seized thereof, upon obtaining an order therefor from the Probate Court; and the proceeds of all goods, chattels, rights, and credits so recovered must be appropriated in payment of the debts of the decedent, in the same manner as other property in the hands of the executor or administrator.

Executor

to complete contracts for sale of

CHAPTER IX.

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

SECTION 1597. Executor to complete contracts for sale of real estate. 1598. Petition for executor to make conveyance, and notice

of hearing.

1599. Interested parties may contest.

1600. Conveyances, when ordered to be made.

1601. Execution of conveyance and record thereof, how en

forced.

1602. Rights of petitioner to enforce contract.

1603. Effect of conveyance.

1604. Effect of recording a copy of the decree.

1605. Recording decree does not supersede power of Court

to enforce it.

1606. Where party to whom conveyance to be made is dead. 1607. Decree may direct possession to be surrendered.

1597. (§ 205.) When a person who is bound by contract in writing to convey any real estate, dies bereal estate. fore making the conveyance, and in all cases where

Petition for

executor to

make con

veyance, and notice

of hearing.

Interested parties may contest.

such decedent, if living, might be compelled to make such conveyance, the Probate Court may make a decree authorizing and directing his executor or administrator to convey such real estate to the person entitled thereto.

1598. (§ 206.) On the presentation of a verified petition by any person claiming to be entitled to such conveyance from an executor or administrator, setting forth the facts upon which the claim is predicated, the Probate Court must appoint a time and place for hearing the petition, at a regular term of the Court, and must order notice thereof to be published at least four successive weeks before such hearing, in such newspaper in this State as he may designate.

1599. (§ 207.) At the time and place appointed for the hearing, or at such other time to. which the same may be postponed, upon satisfactory proof, by

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