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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 si 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

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 fied 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 Joven: appraisement shall be made and returned as aforesaid, of all sul of household

furniture, etc. 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.

mude and certi

estate to be sold.

Executor, etc., to bave right to pos: Hession of Real and Personal es. tate.

case of suspected


42, Sec. 11.

(2904.) Sec. 7. The executor or Administrator shall have 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, ombezzlement, 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, ets 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 bg person entrus on oath of any executor or Administrator, may cite any ted with any part

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

may be commit. ted.

compel Account

of Fstate.


Personal assets, etc.

to .

(2908.) Sec. 11. When any debtor of a deceased person When Executor, shall be unable to pay all his debts, the executor or Admin-pound 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 be considered the right of redemption, all the interest in the mortgaged 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 when Executor, mortgage, or the sale of the mortgaged premises by virtue of release li prema power of sale contained therein or otherwise, the money whom Executor, 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 shall 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 estate purAdministrator, or which may be purchased by him as such tor, maybe 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 there for 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 to Administrator as mentioned in the preceding section, shall not signed and disbe 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.


When suit to be prosecuted to re


(2913.) Sec. 16. When there shall be a deficiency of assets cover Lands, etc., in the hands of an executor or Administrator, and when the veyed by de deceased shall, in his lifetime, have conveyed any real estate, 1 Kernan, 237.

or any right or interest therein, with the intent to defraud bis creditors, or to avoid any right, debt or duty of any person, or shall have so conveyed such estate that by law the deeds or conveyances are void as against creditors, the executor or Administrator may, and it shall be his duty to commence and prosecute to final judgment, any proper action or suit, at law or in Chancery, for the recovery of the same, and may recover, for the benefit of the creditors, all such real estate so fraudulently conveyed; and may also, for the benefit of the creditors, sue and recover for all goods, chattels, rights or credits which may have been so fraudulently conveyed by the deceased in his lifetime, whatever may have been the manner of such

fraudulent conveyance. Executors, etc., (2914.) Sec. 17. No executor or Administrator shall be secute except on bound to sue for such estate as mentioned in the preceding

of creditors, etc.

section, for the benefit of the creditors, unless on application of creditors of the deceased, nor unless the creditors making the application shall pay such part of the costs and expenses, or give such security to the executor or Administrator therefor,

as the Probate Court shall judge just and equitable. Disposition of Es.

(2915.) Sec. 18. All real estate so recovered as provided in the sixteenth section of this chapter, shall be sold for the payment of debts, in the same manner as if the deceased had died seized thereof, upon obtaining a license therefor from the Probate Court, and the proceeds of all goods, chatte ls rights and credits recovered as aforesaid, shall be appropriated in payment of the debts of the deceased, in the same manner as other assets in the hands of the executor or Administrator.

not bouad to pro

tate recovered.








SECTION 2940. Trial of Appeal. 2941. Judgment to be certified to Probate

Court, etc. 2942. When claim barred, etc. 2943. When Circuit Court shall affirm allowance

appealed from. 2944. When any person interested in Estate

may appeal. 2945. Notice in case of appeal by Executor, etc.,

on disallowance of his claim.


2946. Order allowing time for paying Debts, etc. 2947. Court may extend time. 2948. Application for extension and notice of

hearing. 2949. When new Administrator appointed, Court

may extend time, etc.






2916. Commissioners to examine and adjust

claims, when to be appointed.
2917. Commissioners to appoint time and place

of Meeting, and give notice. 2918. Judge of Probate to designate paper in

which notice to be published, etc. 2919. When Commissioner shall die, etc., Court

to appoint another in his stead. 2920. Time allowed for presenting claims. 2921. Time may be extended not exceeding two

years. 2922. When Judge of Probate may renew Com

mission in case of failure of creditor to

present claim. 2923. When Court may examine and adjust

claim. 2924. Set-offs. 2925. Commissioners to be

sworn, administer oaths. 2926 Report of Commissioners. 2927. What claims Commissioners may try and

decide. 2928. Debts payable at a future day. 2929. Persons failing to present claims to be

barred. 2930. No suit to be commenced against Execu

tor or Administrator except ejectment,

etc. 2931. Actions pending to be prosecuted to judgment, and judgment ce

ed, etc. 2932. Executor or Administrator not prevented

from bringing suit. 2933. Set-offs in suits by Executors, etc. 2934. Cases of joint contracts.

and may


2950. When Executor, etc., to pay Debts, etc.
2951. Order of payment.
2952. When Creditors to be paid dividend.
2953. When Court to order payment of Debts

and distribution of assets.
2954. Court may suspend decree in case of ap-

peal undetermined. 2955. When disputed claim ordered to be paid. 2956. Further decree for distribution. 2957. When Executor, etc., personally liable to

Creditor. 2958. Notice of time limited for payment of

Debts. 2959. Creditor neglecting to demand Debt in

two years, may be barred.



2935, 2976. Appeal how made, and when.
2936. Bond to be given on appeal.
2937. Cases in which appeal may be allowed.
2938. Notice of appeal and of hearing.
2939. Party appealing to procure and file copy

of Record.

2960. Contingent claims may be presented. 2961. When Court may order sufficient Estate

retained for payment of claims.

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