and by him returned, if the executor or administrator make default of appearance, or coming in shall not show sufficient cause to the contrary, execution shall be awarded against him of his own proper estate for the sum recovered, with interest due thereon with costs; and for want of estate, against the body of such executor or administrator, as for his own proper debt. SEC. 11. When any judgment shall have been recovered by or in the name of any executor or administrator, an administrator de bonis non may sue out a writ of scire facias and take out execution upon such judgment. SEC. 12. Whenever any executor or administrator by or against whom any action is prosecuted, shall die, resign, or be removed, the action shall not thereby be abated; but the successor, if any, may come into court to prosecute or defend, or may be summoned in, in such manner as the court may direct. SEC. 13. If any executor or administrator shall not within three years from the probate of the will or administration granted, raise money out of the testate or intestate estate, by collecting debts due, or by selling the personal estate, or real estate, if need be, or he has power or can obtain license as aforesaid to sell the same, or shall neglect to pay over what he has in his hands to the several creditors of the testator or intestate, or shall by his neglect as aforesaid subject the real estate of the heir or devisee to be taken in execution, it shall be deemed unfaithful administration in such executor or administrator, and an action may be brought upon such executor's or administrator's bond, by any such creditor, heir or devisee who may have been damnified thereby. SEC. 14. No heir or devisee of any deceased person shall have power, within three years and six months after the probate of the will, or grant of administration on the estate of such person, to encumber or aliene the real estate of the deceased so as to prevent or affect the sale thereof by the executor or administrator, if necessary, as prescribed by law: Provided, that after the expiration of three years and six months, the heir or devisee may aliene or encumber the same, and the same shall not be liable for the debts of the deceased in the hands of the purchaser thereof, or of any other person. SEC. 15. The liability of the real estate of deceased persons for the payment of their just debts may be enforced by actions of the case, to be brought against the heirs at law or devisees of such estate: Provided, the personal estate of the testator or intestate be insufficient for the payment of his debts, funeral charges, and expenses of supporting his family and settling his estate. SEC. 16. Such action shall be brought against all the heirs and devisees who took such estate by devise or descent from the testator or intestate, if to be found in person or estate. SEC. 17. The writ in such action shall be served by attaching such real estate in the first instance, by process of summons and attachment, if such estate has not been aliened by such heir or devisee; and in case of alienation, shall be in form and served as writs in other cases. SEC. 18. The execution in such action shall be served upon, and the debt and costs levied and collected out of the estate received from the testator or intestate by the several heirs or devisees, in the same proportion that they hold the same, if such real estate remain unaliened, and it can be conveniently so done; and in case it be levied in any other proportion, the parties aggrieved thereby shall be entitled to a joint or several action against any person or persons in arrears, to recover such arrearages, with costs. SEC. 19. Upon such execution the sheriff shall sell such real estate, or so much thereof as shall be sufficient to satisfy such execution, at public auction, to the highest bidder, having first advertised the same as is prescribed by law in cases where the real estate is taken by execution; and on such sale he shall give a deed of such real estate to the purchaser thereof. SEC. 20. If the heir or devisee of any such real estate shall aliene any such estate before the same shall be attached for the debt of the testator or intestate, such heir or devisee shall be liable to pay the value of the estate so aliened, to the creditor of the testator or intestate, to be ascertained by a court or jury, who shall assess the damages in the suit that may be brought against such heir or devisee as aforesaid; and the execution in such case shall be served upon the heir or devisee who shall have aliened as aforesaid, or shall be levied on his estate, in manner prescribed by law, for his own proper debt. SEC. 21. The creditors who shall commence their actions against the heirs or devisees as aforesaid, shall be entitled to satisfaction of the debts due to them respectively from the testator or intestate, in the same order in which their writs shall be served by summoning the heir or devisee who shall have aliened. SEC. 22. No action shall be brought against an heir or devisee, for a debt of the testator or intestate, by virtue of the provisions of the seven sections next preceding within three years next after probate of the will or grant of administration. SEC. 23. Nothing herein contained in relation to such action shall interfere with, prevent or obstruct the settlement of any estate, whether solvent or insolvent, by executors and administrators in manner by law provided. last SEC. 24. Any person having a legacy given to him in any will and testament, may sue for and recover the same at law. SEC. 25. Any executor being a residuary legatee, may bring an action of account, or in the nature of an action of account, against his co-executor or co-executors of the estate of the testator, in his or their hands, and may sue for and recover his proportionate part thereof; and any other residuary legatee shall have the like remedy against the executors. CHAPTER 162. OF THE SETTLEMENT OF ACCOUNTS OF EXECUTORS AND ADMINISTRATORS. SECTION 1. It shall be the duty of every executor and administrator, to make out and return to the court of probate, yearly, and in every year, his account relative to the estate in his hands, with a statement of the liquidated balance that may be due to or from him, at the time of such settlement. SEC. 2. It shall be the duty of the court of probate to issue a citation to each executor and administrator, having accounts unsettled with such court, after the term limited for the exhibit of the first account, who shall neglect as aforesaid, to be and appear before such court at the first meeting thereof next after the first Monday of January, then following, to show cause why he has neglected to exhibit an account as aforesaid. SEC. 3. If any executor or administrator, after being cited as aforesaid, shall neglect or refuse to present his account for settlement as aforesaid, for the space of thirty days, without assigning to such court satisfactory reason therefor, such executor or administrator shall be held accountable for the full value of the personal property of the deceased, with interest, and shall be entitled to no compensation for his services; and shall incur a penalty of not less than twenty dollars, nor more than one hundred dollars, to be recovered by any one who may sue for the same, by action of the case, one moiety to the use of the persons interested in said estate, and the other moiety to the use of the town in which such court may be. SEC. 4. All assets, though not inventoried, shall be accounted for, and the executor or administrator, shall be charged therewith in the account of administration. SEC. 5. The whole of the personal estate of the deceased, except money due, shall be accounted for by the executor or administrator at double the appraised value thereof, unless the whole shall be sold at public auction, or unless the court of probate shall direct a part thereof to be sold at public or private sale, in which case, the net proceeds only of the whole or part so sold, shall be accounted for. SEC. 6. In the settlement of the accounts of executors and administrators, the court of probate shall make reasonable allowance for the support of the family of the deceased, after his decease, until the same can otherwise be provided for, having due regard to the situation of the family, and the value and circumstances of the estate; said allowance to be made for a term not exceeding six months. SEC. 7. Executors and administrators shall be allowed, in their accounts, all reasonable charges and disbursements which they shall lay out and expend in the funeral of the deceased, and other their administration. SEC. 8. They shall also be allowed such recompense for their personal trouble as the court of probate, on settling their accounts, may consider just. SEC. 9. They may be compelled to pay interest for the detention of money in their hands, if in the opinion of said court it shall be reasonable. SEC. 10. The settlement of the accounts of any executor or administrator, by the court of probate, or in case of appeal, by the supreme court, shall be final and conclusive on all parties concerned therein, and shall not be subject to reëxamination in any way or manner whatsoever. CHAPTER 163. OF THE BONDS OF EXECUTORS AND ADMINISTRATORS, AND OF SUITS THEREON. SECTION 1. In all cases where bonds are required by law to be given to any court of probate, they shall be given to the probate court by name, and not to the individuals who may, at the time, constitute such court. SEC. 2. Such bonds shall be sued in the name of the court, and not in the name of the individuals composing it; and no person shall be disqualified as a witness in any suit on such bond by reason of his being the judge or a member of the court to which it was given. SEC. 3. Any person or persons interested in a bond given by an executor or administrator to a court of probate shall be entitled to a copy thereof, and to sue thereon in the name and style of the court to which the bond is given. SEC. 4. The writ, in addition to the usual indorsement of the name of the plaintiff or his attorney, shall also have the name or names of the person or persons for whose benefit the suit is brought, written thereon; who shall give security for costs as in other cases, and against whom if the defendant recover, execution for his costs shall issue. SEC. 5. If the suit be brought by a creditor of the deceased, he shall, in order to maintain his action, first have his debt or damages ascertained by judgment, unless the estate be insolvent, and also prove that demand had been made of the executor or administrator therefor, and that the executor or administrator had refused or neglected to satisfy the same or to show goods or estate of the deceased for that purpose. SEC. 6. If the estate of the deceased be insolvent, the creditor shall produce a copy of the order of distribution of the estate of the deceased amongst the creditors, specifying each creditor's claim, and the dividends they are severally entitled to, and prove that a demand has been made of the executor or administrator for his particular dividend. SEC. 7. If the suit be brought by an heir for his part of the personal estate, he shall exhibit a copy of the decree of the probate court, ascertaining its amount, and that he has made a demand thereof upon the administrator. SEC. 8. When it shall appear by verdict, default, submission or otherwise, that the penalty of such bond is forfeited, judgment shall be entered in common form for the whole penalty; and such judgment shall, as in other cases, be a security for all interested. SEC. 9. Upon a hearing in chancery upon such forfeiture, the court shall examine the claims of the several parties whose names are indorsed upon the writ, and judgment shall be rendered for such parties respectively for the amount so ascertained to be due to each; "that the court of probate of execution for and costs taxed at of now have being part of the penalty forfeited for the use of in the county of or heir of |