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ESTATES OF DECEDENTS- (Continued.)
effect of judgment against executor...........
execution not to issue after death........

if one is levied the property may be sold............
what judgment is not a lien on real property of estate..
may refer doubtful claims.

Section.

1504

1505

1505

1506

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1507

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partnership interests and choses in action, how sold.......

1524

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petition for sale, who may file, and what to contain............

1530

order to show cause, how made, and on what notice........

1531

order of sale, when, and how made

1532

further proceedings to conform to Articles II and IV.................... 1533

Sale of real estate-

to sell real estate, when...........

1536

verified petition for sale, what to contain, and to what it may refer. 1537

order to persons interested to appear..........

1538

copy to be served, assent given, or publication made.....

1539

hearing after proof of service......

1540

presentation of claims............

1540

administrator, executor, and witnesses may be examined............... 1541

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private sale of real estate, how made, and notice...........

Section.

1748

1743

bids, when and how received

154

ninety per cent of appraised value must be offered........................................

15%

purchase money on sale on credit, how secured.............

1551

hearing and setting aside sale, and when resale may be ordered...... 132

may file objections, when and who.............

153

when order of confirmation is to be made, and when not......

1554

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where payment of debts, etc., provided for by will.........

1500

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sales by executors or administrators of lands under mortgage or lien 1569
the holder of the mortgage or lien may purchase the lands............. 150
his receipt to the amount of his claim a valid payment.........
administrator and executor liable for misconduct in sale..........
fraudulent sales.......

limitation of actions for vacating sale, etc.......................

to what cases preceding section not to apply.....

account of sale to be returned.............

executor, etc., not to be purchaser........

Powers and duties of executors and administrators—

executors to take possession of the entire estate

executors may sue and be sued for recovery of property...........

1370

1571

1572

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may maintain actions for waste, conversion, and trespass
executor and administrator may be sued for waste or trespass of

decedent..................

surviving partner to settle up business.......

interest therein to be appraised.

account to be rendered........................

actions on bond of executor or administrator may be brought by

another administrator...........................................

what executors are not parties to actions

may compound

recovery of property fraudulently disposed of by testator..........

when executor to sue, as provided in preceding section.............
disposition of estate recovered.

1384

1583

1583

1583

1586

1387

1588

1589

1590

1591

ESTATES OF DECEDENTS- (Continued.)

Section.

Of the conveyance of real estate-

executor to complete contracts for sale of real estate.

1597

petition for executor to make conveyance, and notice of hearing.... 1598
interested parties may contest...

1599

conveyances, when ordered to be made............

1600

execution of conveyance and record thereof, how enforced...........

1601

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recording decree does not supersede power of Court to enforce it...

1605

where party to whom conveyance to be made is dead................
decree may direct possession to be surrendered

1606

1607

Liabilities and compensation of executors and administrators—
when executor or administrator personally liable..................................................
executor to be charged with all estate, etc.

1612

1613

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to render an exhibit of receipts and disbursements, and claims

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petition for citation to render final or other account.......

citation to account on application..........

1622

1623

1624

1625

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to produce and file vouchers, which remain in Court..........
vouchers for items less than twenty dollars, when excepted............
day of settlement to be appointed, and must give notice thereof......
final settlement, partition, and distribution may be made at same
time...........

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settlement of accounts to be conclusive, when and when not........... 1637

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ESTATES OF DECEDENTS

(Continued.)

Section.

order for payment of debts and discharge of the executor and ad-
ministrator........

provision for disputed and contingent claims............................

after decree for payment of debts, executor personally liable to
creditors.......

1647

1648

1649

claims not included in order for payment of debts, how disposed of 1550
order for payment of legacies and extension of time

final account, when to be made.........

neglect to render final account, how treated..............................

Distribution prior to final settlement--

payment of legacies upon giving bonds......

notice of application for legacies................................

1651

1652

1653

executor or other person may resist application.............

decree prayed for to require bond, which must be given..............

may order whole or part of share to be delivered........
where partition necessary, how made..........................

168

1659

1660

1661

1661

1661

1661

1662

costs..........

order for payment of bond, and suit thereon.........

Final distribution-

distribution of estate, how made and to whom.......

1665

what the decree must contain, and is final.....

1666

distribution when decedent was not a resident of this State............ 1667
decree to be made only after notice.................

1608

no distribution to be ordered till all taxes on personal property are

paid .................

6991

Distribution and partition-

estate in common ...

Commissioners.......

partition and notice thereof, and the time of filing partition

1675

1675

1676

1677

estate may be sold...........

whole estate may be assigned to one, in certain cases...........
payments for equality of partition, by whom and how.

estate in different counties, how divided............

partition may be made although some of the heirs, etc., have

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duties of Commissioners

to give notice to all persons and guardians before partition. 1683

1682

1685

to make report, and partition to be recorded............

Agent, and discharge of executor or administrator—

when Commissioners to make partition are not necessary.
advancements made to heirs.................

1684

1685

9891

unclaimed estate, how disposed of.

agent to give bond, and his compensation........

Court may appoint agent to take possession for absentees............................

1691

162

1693

certificate to claimant.........

when real and personal property of absentee to be sold.......
liability of agent on his bond....

164

1695

1696

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Orders, decrees, processes, minutes, records, trials, and appeals—
orders and decrees to be entered in minutes.......

1704

how often publication to be made...............

1705

recorded decree or order to impart notice from date of filing........

1706

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one description of real estate sought to be sold being published, is

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issues joined in Probate Court, how tried and disposed of.............. 1716

Court to try case when no jury is demanded.......

1717

how and what issues to be tried..........

1717

Court to appoint attorney for minor or absent heirs...........

1718

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executor, administrator, or guardian to be removed..............................................

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duty of persons in whose house any stranger dies..............

1728

must return inventory and administer estates according to this title.. 1729

when another person is appointed, to deliver estate.........

1730

civil officers to give notice of waste to.............

1731

suits for property of decedents.........

1732

order to examine party charged with embezzling estate.........
punishment for refusing to attend................

1733

1734

order on, to account.........

1735

every six months, to make and publish return of condition of estate
when there are no heirs or claimants, moneys and effects paid to

1736

County Treasurer, etc..........

1737

not to be interested in the payments for or on account of estates in

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proceedings against, for failing to pay over money as ordered......... 1740
fees of officers, when and by whom paid.....

1741

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