the course of proceedings in Chancery, and shall make such decree therein as justice and equity shall require. ized to make con (3034.) SEC. 9. If it shall appear that the complainant is Who to be author entitled to have a conveyance, the Court may authorize and veyance. 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 convey the estate in the manner before mentioned, or may require them, or either of them, to join in such conveyance with the executor or Administrator. ance. (3035.) SEC. 10. Every conveyance made in pursuance of a Effect of convey decree of the Probate Court or the Court of Chancery, as provided in this chapter, 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. decree may be of record. (3036.) SEC 11. A copy of the decree for a conveyance made certified copy of by the Probate Court. and duly certified and recorded in the recorded; effect Registry of Deeds 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 Register of said 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. enforced by pro (3037.) SEC. 12. The recording of any decree, as provided in Decree may be the preceding section, shall not prevent the Court making such cess. decree from enforcing the same by any proper process, according to the course of proceedings therein. of person enti etc., may com cute proceedings. (3038.) SEC. 13. If the person to whom the conveyance was In case of death to be made, shall die before the commencement of proceedings tied, his heirs, according to the provisions of this chapter, or before the con- mence or proseveyance 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. TITLE XXV. OF TITLE TO REAL ESTATE BY SPECIAL PROVISIONS OF LAW. CHAPTER CI. Of the Sale of Lands for the Payment of Debts by Executors, Administrators CHAPTER CII. Of the Sale of Lands of Minors and other persons under Guardianship, and CHAPTER CIII. Of the Sale of Real Estate on Executions. CHAPTER CI. PAYMENT OF DEBTS, BY OF THE SALE OF LANDS FOR THE SECTION 3055. Where, when, and how Sale to be made. 3056. Executor, etc., forbidden to purchase. 3057. Credit on Sale. 3058. Return by Executor, etc., and proceedings of the Court thereupon. 3059. If sale fair, etc., order of confirmation to be made. 3060. Executor, etc., to take oath before sale. 3061. Affidavit of notice of sale. 3062. Postponement of sale. 3063. Notice of such postponement. 3064. Sale for payment of Legacies may be au thorized. 3065. Interest in Land held under contract may 3066. Sale to be made subject to payments to 3069. Proceeds of sale, how disposed of. his appointment. 3072. May be licensed to sell Lands for payment of Debts and Legacies. 3073. When no further Bond required of such Executor, etc. 3074. When Bond required, and what to contain. SECTION 3075. When licensed to sell more than necessary 3077. Court may license sale of whole or part of 3078. Guardian to give Bond. 3079. When license not to be granted without 3082. May be licensed to sell Real Estate of 3083. When Bond required, and when not. 3088. Limitation of actions to recover Estate sold. 3091. Damages recoverable for misconduct in 3092. Sale not to be avoided by adverse claim- 3093. Liability of Executor, etc., for Fraud. Chapter Seventy-Seven of Revised Statutes of 1846. (a) tate may be sold debts. 2 Mich. Rep., 226. (3039.) SECTION 1. When the personal estate of any de- when Real Es ceased person, in the hands of his executor or Administrator, for payment of shall be insufficient to pay all his debts, with the charges of 13 I. Rep., 171. administering his estate, his executor or Administrator may 1843, p. 172. sell his real estate for that purpose, upon obtaining a license therefor, and proceeding therein in the manner hereinafter provided. presented; what (3040.) SEC. 2. In order to obtain such license, the executor Petition to be or Administrator shall present a petition to the Probate Court to be set forth. from which he received his appointment, setting forth the amount of personal estate that has come to his hands, and how much thereof, if any, remains undisposed of; the debts outstanding against the deceased, as far as the same can be ascertained; a description of all the real estate of which the testator or intestate died seized, and the condition and value 6 Mass., 149. (a) For prior laws relative to the Sale of Lan is by Executors, Administrators and Guardians, see Cass Code 61, 77; Code of 1820, 29, 37, 43, 57, 59; Rev. of 1827, 75, 87; Laws of 1828, 4; 1831, 5; Rev. 1833, 291, 318; 1835, 115; 1837, 163; R. S. 1838, 311, 319; 1840, 25; 1843, 172; 1844, 113. Order to show cause why li be granted. of the respective portions or lots; which petition shall be verified by the oath of the party presenting the same. (3041.) SEC. 3. If it shall appear by such petition that there eense should not is not sufficient personal estate in the hands of the executor or Administrator to pay the debts outstanding against the deceased, and the expenses of administration, and that it is necessary to sell the whole or some portion of the real estate for the payment of such debts, the Judge of Probate shall thereupon make an order, directing all persons interested in the estate to appear before him at a time and place therein to be specified, not less than six weeks, and not more than ten weeks from the time of making such order, to show cause why a license should not be granted to the executor or Administrator applying therefor, to sell so much of the real estate of the deceased as shall be necessary to pay such debts. Copy of order to be served or published. Hearing. Petitioner and witnesses may be examined. Probate Court may license sale of Real Estate. (3042.) SEC. 4. A copy of such order to show cause shall be personally served on all persons interested in the estate, at least fourteen days before the time appointed for hearing the petition, or shall be published at least four successive weeks in such newspaper as the Court shall order: Provided, however, if all persons interested in the estate shall signify, in writing, their assent to such sale, the notice may be dispensed with. (3043.) SEC. 5. The Judge of Probate, at the time and place appointed in such order, or at such other time as the hearing shall be adjourned to, upon proof of the due service or publication of a copy of the order, or upon filing the consent in writing to such sale of all the persons interested, shall proceed to the hearing of such petition, and if such consent be not filed, shall hear and examine the allegations and proofs of the petitioner, and of all persons interested in the estate, who shall think proper to oppose the application. (3044.) SEC. 6. The executor or Administrator may be examined on oath, and witnesses may be produced and examined by either party, and process to compel their attendance and testimony may be issued by the Judge of Probate, in the same manner, and with the like effect as in other cases. (3045.) SEC. 7. If it shall appear to the Court that it is of whole or part necessary to sell a part of the real estate, and that by a sale of such part, the residue of the estate, or some specific part or piece thereof, would be greatly injured, said Court may authorize the sale of the whole estate, or of such part thereof 13 Mass., 162. 15 do 58. as may be judged necessary, and most for the interest of all concerned. give Bond in cer sale. 3 Greenl., 282. (3046.) SEC. 8. When the executor or Administrator is Executor, etc., to authorized to sell more than is necessary for the payment of tain cases before debts, he shall, before the sale, give bond to the Judge of Probate with sufficient sureties to account for all the proceeds of the sale that shall remain after payment of the debts and charges, and to dispose of the same according to law; and in all cases where license is granted for the sale of real estate, 8 Pick., 526. the Judge of Probate may require a further bond from the executor or Administrator, when he shall deem it necessary. (3047.) SEC. 9. The proceeds of any real estate sold for the Proceeds of sale payment of debts, and the charges of administration, as and accounted provided in this chapter, shall be deemed assets in the hands of the executor or Administrator, in like manner as if the same had been originally part of the goods and chattels of the deceased; and the executor or Administrator, and the sureties in his administration bond, shall be accountable and chargeable therefor. deemed assets, for as such. to be granted on (3048.) SEC. 10. No license to sell real estate shall be when no license granted, if any of the persons interested in the estate shall Bond being given. give bond to the Judge of Probate, in such sum and with such sureties as he shall direct and approve, with condition to pay all the debts, and the expenses of administration, so far as the goods and chattels, rights and credits of the deceased shall be insufficient therefor, within such time as the Judge of Probate shall direct. fit Bond may be (3049.) SEC. 11. The bond mentioned in the preceding For whose benesection, shall be for the security, and may be prosecuted for prosecuted. the benefit of the creditors, as well as the executor or Administrator. order sale. (3050.) SEC. 12. If the Judge of Probate shall be satisfied, When Court may after a full hearing upon the petition, and an examination of the proofs and allegations of the parties interested, that a sale of the whole or some portion of the real estate is necessary for the payment of valid claims against the deceased, and charges of administration, or if such sale be assented to by all persons interested, he shall thereupon make an order of sale, authorizing the executor or Administrator to sell the whole, or so much, and such part of the real estate described in the petition, as he shall judge necessary or beneficial. specify lands to (3051.) Sec. 13. The order shall specify the lands to be sold; Order of sale to and the Judge of Probate may therein direct the order in be sold, and the order of the sale. |