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tor in case.

should have had or done; and may prosecute or defend any action commenced by or against the former executor or Administrator, and may have execution on any judgment recovered in the name of such former executor or Administrator.

(2892.) Sec. 16. If, after the granting of letters of adminis-Admin:stration to tration by any Probate Court, on the estate of any deceased proving Will. person, as if he had died intestate, a will of such deceased person shall be duly proved and allowed by such Court, the first administration shall, by decree of said Court, be revoked, and the powers of the Administrator shall cease, and he shall thereupon surrender his letters of administration into the Probate Court, and render an 'account of his administration, within such time as the Court shall direct.

(2893.) SEC. 17. The executor of the will shall, in such powers of Execa case, be entitled to demand, sue for and collect all the goods, chattels, rights and credits of the deceased, remaining unadministered, and may be admitted to prosecute to final judgment any suit commenced by the Administrator, before the revocation of his letters of administration.

(2894.) Sec. 18. All acts of an executor or Administrator as Acts of Executor, such, before the revocation of his letters testamentary or of cativa vald. administration, shall be as valid to all intents and purposes as if such executor or Administrator had continued lawfully to execute the duties of his trust.

(2895.) Sec. 19. When two or more persons shall be aiministratora appointed Administrators to any estate, the Judge of Probate Kerata e Lancia may take a separate bond from each with sureties, or a joint bond, withi sureties from all.

(2896.) SEC. 20. When application shall be made to the voice of appliJudge of Probate for the appointment of an Administrator on pointinent of esan intestate estate, or for letters of administration with the Barbour, 13. will annexed, he shall cause notice of the same, and of the time and place of hearing thereof, to be published for threo successive weeks in such newspaper as he may direct.

etc., before reve

An Act to Provide for the Publication of Probato and other Legal Notices.

(Approved February 11, 1853. Thok effect May 16, 1853. Laws of 1853, p. 75.]

(2897.) SECTION 1. The People of the State of Michigon craci, 1 x Probate and That all probate and other legal notices, required by law to notice to be be published by the Judge of Probate of any county, or any other county officer, shall be published in some newspaper


printed in the county where said Probate Judge shall hold his Court, or where such other county officer shall reside, if there be one printed in said county; Provided, That this act shall in no wise affect notices which are now required to be published previous to the sale of real estate, by executors, Administrators and guardians.

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2898. Making and return of Inventory.
2899. Estate to be appraised, etc.
2900. Appointment of appraisers by Justices of

the Peace.
2901. Appraisal, how made and certified.
2902. Separate Inventory and Appraisal of

household furniture, etc.
2903. Personal estate, first chargeable with

payment of debts, and if not suficient,

Real estate to be sold.
2904. Executor, etc., to have right to possession

of Real and Personal estate.
2905. Proceedings in case of suspected embezzle-

ment, etc.
2906. Person cited refusing to appear and an-

swer, etc., may be committed.
2907. Proceedings to compel Account by per-

sons entrusted with any part of Estate.

2908. When Executor, etc., to compound with

2909. Interest in Mortgaged Premises to be con-

sidered Personal assets, etc. 2910. When Executor, etc., may give release;

If premises bid in, for whom Executor,

etc., to be seized. 2011. Real estate purchased by Executor, may

be sold under License. 2912. If such Land be not sold, how assigned

and distributed. 2913. When suit to be prosecuted to recover

lands, etc., fraudulently conveyed by

deceased, 2914, Executors, etc., not bound to prosecute

except on application of creditors, etc. 2915. Disposition of Estate recovered.

Chapter Seventy-One of Revised Statutes of 1846.

Making and return of inventury.

(2898.) SECTION 1. Every executor or Administrator shall, within three months after his appointment, make and return into the Probate Court a true inventory of the real estate, and of all the goods, chattels, rights and credits of the deceased, which shall have come to his possession or knowledge; excepting only that an executor, who shall be a residuary legatee, and shall have given bond to pay all the debts and legacies, as provided by law, shall not be required to return an inventory.




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(2899.) SEC. 2. The estate and effects comprised in the Estate to be ap inventory, shall be appraised by two or more disinterested praised, etc. persons appointed by the Judge of Probate for that purpose, who shall be sworn to the faithful discharge of their trust; and if any part of such estate or effects shall be in any other county, appraisers thereof may be appointed, either by the Judge of Probate having jurisdiction of the case, or by a disinterested Justice of the Peace of such other county,

(2900.) Sec. 3. When appraisers shall be appointed by a Appointment of Justice of the Peace, he shall issue an order to them in du tices of the substance as follows:

County of To of

in said county: You are hereby appointed to appraise on oath the estate and effects of

late of deceased, which may be in said county; and when you have performed that service, you are required to deliver this order, and your doings in pursuance thereof, to executor (or Administrator as the case may be) of said deceased. Given under my hand this day of

Justice of the Peace. (2901.) Sec. 4. The appraisers shall set down opposite to Appraisal, hor each item in such inventory, distinctly, in figures, the value filed thereof in money, and deliver the same, certified by them, together with their appointment, if made by a Justice of the Peace, to the executor or Administrator.

(2902.) SEC. 5. A separate and distinct inventory and Separate Inven appraisement shall be made and returned as aforesaid, of all sal of household

furniture, eto. the household furniture and other personal property which may be allowed to the widow, pursuant to the provisions of the preceding chapter, but the same shall not be considered assets in the hands of the executor or Administrator.

(2903.) Sec. 6. The personal estate of the deceased which Personal estate shall come into the hands of the executor or Administrator, with payment of shall be first chargable with the payment of the debts and sufficient, Real expenses; and if the goods, chattels, rights and credits, in the hands of the executor or Administrator, shall not be sufficient to pay the debts of the deceased, and the expenses of administration, the whole of his real estate, except the widow's dower, or so much thereof as may be necessary, may be sold for that purpose by the executor or Administrator, after obtaining license therefor in the manner provided by law.

made and certa

estate to be sola.

Executor, etc., to have right to postate.


(2904.) Sec. 7. The executor or Administrator shall have sent persones a right to the possession of all the real as well as personal

estate of the deceased, and may receive the rents, issues and profits of the real estate, until the estate shall have been settled, or until delivered over by order of the Probate Court to the heirs or devisees, and shall keep in good tenantable repair all houses, buildings and fences thereon which are

under his control. Proceeding in (2905.) SEC. 8. If any executor or Administrator, heir, case of suspected embezzle ment, legatee, creditor, or other person interested in the estate of

any deceased person, shall complain to the Judge of Probate, on oath, that any person is suspected to have concealed, embezzled, conveyed away or disposed of any money, goods

or chattles of the deceased, or that such person has in his Rev. of 1827, p. possession or knowledge, any deeds, conveyances, bonds,

contracts or other writings, which contain evidence of, or tend to disclose the right, title, interest or claim of the deceased to any real or personal estate, or any claim or demand, or any last will and testament.of the deceased, the said Judge may cite such suspected person to appear before the Court of Probate, and may examine him on oath, upon the matter of such complaint.

(2906.) Sec. 9. If the person so cited shall refuse to appear fusing to appear and answer, etc., and submit to such examination, or to answer such interroga

tories as may be put to him touching the matter of such complaint, the Court may, by warrant for that purpose, commit him to the common jail of the county, there to remain in close custody until he shall submit to the order of the Court, and all such interrogatories and answers shall be in writing, and shall be signed by the party examined, and filed in the Probate

Court. Proceeding to

(2907.) Sec. 10. The Judge of Probate, upon the complaint by person entrus on oath of any executor or Administrator, may cite any

person, who shall have been entrusted by such executor or Administrator with any part of the estate of the deceased person, to appear before such Court, and may require such person to render a full account, on oath, of any money, goods, chattels, bonds, accounts or other papers belonging to such estate, which shall have come to his possession, in trust for such executor or Administrator, and of his proceedings thereon; and if the person so cited shall refuse to appear and render such account, the Court may proceed against him as provided in the preceding section.

Persons cited re


conpel Account

ted with any part of Estate.

(2908.) Sec. 11. When any debtor of a deceased person When Executor, shall be unable to pay all his debts, the executor or Admin-bound with istrator, with the approbation of the Judge of Probate, may compound with such debtor, and give him a discharge upon receiving a fair and just dividend of his effects.

(2909.) Sec. 12. When any mortgagee of real estate, or any Interest in mortassignee of such mortgage, shall die without having foreclosed to considered

Personal assets, the right of redemption, all the interest in the mortgaged etc. premises conveyed by such mortgage, and the debt secured thereby, shall be considered as personal assets in the hands of the executor or Administrator; and he may foreclose the same, and have any other remedy for the collection of such debt which the deceased could have had if living, or may continue any proceeding commenced by the deceased for that purpose.

(2910.) Sec. 13. In case of the redemption of any such Whon Executor, mortgage, or the sale of the mortgaged premises by virtue of release, if prema power of sale contained therein or otherwise, the money whom Executor

etc., to be seized paid thereon shall be received by the executor or Administrator, and he shall thereupon give all necessary releases and 'receipts; and if, upon a sale of the mortgaged premises, the same sball be bid in by the executor or Administrator for such debt, he shall be seized of the same, for the same persons, whether creditors, next of kin or others, who would have been entitled to the money, if the premises had been redeemed or purchased at such sale by some other person.

(2911.) Sec. 14. Any real estate so held by an executor or Real estato pusAdministrator, or which may be purchased by him as such tor, may be sold upon a sale on execution for the recovery of a debt due the estate, may be sold for the payment of debts or legacies, and the charges of administration, in the same manner as if the deceased had died seized thereof, upon obtaining a license therefor from the Probate Court in the manner provided by law.

(2912.) Sec. 15. If any land so held by an executor or if such Land be Administrator as mentioned in the preceding section, shall not signed and "dis be sold by him as therein provided, it shall be assigned and distributed to the same persons, and in the same proportions, as if it had been part of the personal estate of the deceased; and if, upon such distribution, the estate shall come to two or more persons, partition thereof may be made between them, in like manner as if it were real estate which the deceased held in his lifetime.


under license,


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