May file objec.

who.

SEC. 31. When return of the sale is made and filed, any person interested in the estate may file written objec- tions, when and tions to the confirmation thereof, and may be heard thereon, when the return is heard by the court or judge, and may produce witnesses in support of his objections.

to be made, and

SEC. 32. If it appears to the court that the sale was when order of legally made and fairly conducted, and that the sum bid confirmation is was not disproportionate to the value of the property sold, when not. and that a greater sum, as above specified, cannot be obtained, or if the increased bid mentioned in Section 30 of this Chapter be made and accepted by the court, the court must make an order confirming the sale, and directing conveyances to be executed. The sale from that time is confirmed and valid, and a certified copy of the order confirming it and directing conveyances to be executed, must be recorded in the office of the recorder of the county in which the land sold is situated. If, after the confirmation, the purchaser neglects or refuses to comply with the terms of sale, the court may, on motion of the executor or administrator, and after notice to the purchaser, order a resale to be made of the property. If the amount realized on such re-sale does not cover the bid and the expenses of the previous sale, such purchaser is liable for the deficiency to the estate.

SEC. 33. Conveyances must thereupon be executed to the purchaser by the executor or administrator, and they must refer to the orders of the court authorizing and confirming the sale of the property of the estate, and directing conveyances thereof to be executed, and to the record of the order of confirmation in the office of the county recorder, either by the date of such recording, or by the date, volume, and page of the record, and such reference shall have the same effect as if the orders were at large inserted in the conveyance. Conveyances so made convey all the right, title, interest, and estate of the decedent in the premises at the time of his death; if prior to the sale, by operation of law or otherwise, the estate has acquired any right, title, or interest in the premises, other than or in addition to that of the decedent at the time of his death, such right, title, or interest, also passes by such conveyances.

Conveyances.

to state.

SEC. 34. Before any order is entered confirming the Order of con sale, it must be proved to the satisfaction of the court that firmation, what notice was given of the sale as prescribed, and the order of confirmation must show that such proof was made.

SEC. 35. If at the time appointed for the sale, the execu- Sale may be

tor or administrator deems it for the interest of all

persons

postponed.

Notice of postponement

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

Sale without order, may require security.

Where provision by will insuffi

cient.

Estate subject to debts, etc.

Contribution

concerned therein that the same be postponed, he may postpone it from time to time, not exceeding in all three months.

SEC. 36. In case of postponement, notice thereof must be given, by a public declaration, at the time and place first appointed for the sale, and if the postponement be for more than one day, further notice must be given, by posting notices in three or more public places in the county where the land is situated, or publishing the same, or both, as the time and circumstances will admit.

SEC. 37. If the testator makes provision by his will, or designates the estate to be appropriated for the payment of his debts, the expenses of administration, or family expenses, they must be paid according to such provision or designation, out of the estate thus appropriated, so far as the same is sufficient.

SEC. 38. When property is directed by the will to be sold, or authority is given by the will to sell property, the executor may sell any property of the estate without order of the court, and at either public or private sale, and with or without notice, as the testator may have directed, but the executor must make return of such sales, as in other cases; and if directions are given in the will as to the mode of selling, or the particular property to be sold, such directions must be observed. In either case no title passes unless the sale be confirmed by the court.

SEC. 39. If the provision made by the will, or the estate appropriated therefor, is insufficient to pay the debts, expenses of administration, and family expenses, that portion of the estate not devised or disposed of by the will, if any, must be appropriated and disposed of for that purpose, according to the provisions of this Chapter.

SEC. 40. The estate, real and personal, given by will to legatees or devisees, is liable for the debts, expenses of administration, and family expenses, in proportion to the value or amount of the several devises or legacies; but specific devises or legacies are exempt from such liability, if there is other sufficient estate.

SEC. 41. When an estate given by will has been among legatees. sold for the payment of debts or expenses, all the devisees and legatees must contribute according to their respective interests to the devisee or legatee whose devise or legacy has been taken therefor, and the court, when distribution is made, must by decree for that purpose, settle the amount of the several liabilities, and decree the amount each person shall contribute, and reserve the same from

their distributive shares, respectively, for the purpose of paying each contribution.

lands be

SEC. 42. If a decedent, at the time of his death, was Contracts for possessed of a contract for the purchase of lands, his in- Purday terest in such land and under such contracts may be sold sold, how. on the application of his executor or administrator, in the same manner as if he had died seized of such lands; and the same proceedings may be had for that purpose as are prescribed in this Chapter for the sale of lands of which he died seized, except as hereinafter provided.

sale.

SEC. 43. The sale must be made subject to all pay- Conditions of ments that may thereafter become due on such contracts, and if there are any such, the sale must not be confirmed by the court until the purchasers execute a bond to the executor or administrator for the benefit and indemnity of himself and of the persons entitled to the interest of the decedent in the lands so contracted for, in double the whole amount of payments thereafter to become due on such contract, with such sureties as the court or judge shall approve.

Purchaser to

SEC. 44. The bond must be conditioned that the purchaser will make all payments for such land that be- give bond. come due after the date of the sale, and will fully indemnify the executor or administrator and the persons so entitled, against all demands, costs, charges and expenses, by reason of any covenant or agreement contained in such

contract.

SEC. 45. Upon the confirmation of the sale, the executor or administrator must execute to the purchaser an assignment of the contract, which vests in the purchaser, his heirs and assigns, all the right title and interest of the estate, or of the persons entitled to the interest of the decedent in the lands sold at the time of the sale; and the purchaser has the same rights and remedies against the vendor of such land as the decedent would have had if he were living.

Executor to as

sign contract.

tors or adminis

under mortgage

SEC. 46. When any sale is made by an executor or Sales by execu administrator, pursuant to provisions of this Chapter, of trators of lands lands subject to any mortgage or other lien, which is a or lien. valid claim against the estate of the decedent, and has been presented and allowed, the purchase money must be applied, after paying the necessary expenses of the sale, first, to the payment and satisfaction of the mortgage or lien, and the residue, if any, in due course of administration. The application of the purchase money to the satisfaction of the mortgage or lien must be made without delay, and the land is subject to such mortgage or lien until the pur

The holder of mortgage, etc., may purchase lands, etc.

Administrator, etc., liable for misconduct in sale.

Fraudulen! sales.

Limitation of actions for va.

cating sale, etc.

To what cases preceding section does not apply.

chase money has been actually so applied. No claim against any estate, which has been presented and allowed, is affected by the statutes of limitations, pending the proceedings for the settlement of the estate. The purchase money, or so much thereof as may be sufficient to pay such mortgage or lien, with interest, and any lawful costs and charges thereon, may be paid into the court, to be received by the clerk thereof, whereupon the mortgage or lien upon the land must cease, and the purchase money must be paid over by the clerk of the court without delay, in payment of the expenses of the sale, and in satisfaction of the debt to secure which the mortgage or other lien was taken, and the surplus, if any, at once returned to the executor or administrator, unless for good cause shown, after notice to the executor or administrator, the court otherwise directs.

SEC. 47. At any sale, under order of the court, of lands upon which there is a mortgage or lien, the holder thereof may become the purchaser, and his receipt for the amount due him from the proceeds of the sale is a payment protanto. If the amount for which he purchased the property is insufficient to defray the expenses and discharge his mortgage or lien, he must pay to the court, or the clerk thereof, an amount sufficient to pay such expenses.

SEC. 48. If there is any neglect or misconduct in the proceedings of the executor or administrator in relation to any sale by which any person interested in the estate suffers damage, the party aggrieved may recover the same in an action upon the bond of the executor or administrator, or otherwise.

SEC. 49. Any executor or administrator who fraudulently sells any real estate of a decedent contrary to or otherwise than under the provisions of this Chapter, is liable in double the value of the land sold, as liquidated damages, to be recovered in an action by the person having an estate of inheritance therein.

SEC. 50. No action for the recovery of any estate sold by an executor or administrator, under the provisions of this Chapter, can be maintained by any heir or other person claiming under the decedent, unless it be commenced within three years next after such sale. An action to set aside the sale may be instituted and maintained at any time within three years from the discovery of the fraud, or other grounds upon which the action is based.

SEC. 51. The preceding section shall not apply to minors or others under any legal disability to sue at the time when the right of action first accrues; but all such

persons may commence an action at any time within one year after the removal of the disability.

to be returned

SEC. 52. When a sale has been made by an executor Account of sale or administrator of any property of the estate, real or personal, he must return to the court, within thirty days thereafter, an account of sales verified by his affidavit. If he neglects to make such return, he may be punished by attachment, or his letters may be revoked, one day's notice having been first given him to appear and show cause why such attachment should not issue, or such revocation should not be made.

SEC. 53.

No executor or administrator must, di- Executor, etc., rectly or indirectly, purchase any property of the estate he not to be represents, nor must be interested in any sale.

purchaser.

CHAPTER VIII.

Of the Powers and Duties of Executors and Administrators, and of the Management of Estates.

Executors to

of the entire estate.

SEC. 1. The executor or administrator must take into his possession all the estate of the decedent, real and per- take possession sonal, and collect all debts due to the decedent or to the estate. For the purpose of bringing suits to quiet title, or for partition of such estate, the possession of the executors or administrators is the possession of the heirs or devisees; such possession by the heirs or devisees is subject, however, to the possession of the executor or administrator for the purposes of administration as provided in this Act.

property.

SEC. 2. Actions for the recovery of any property, Actions for real or personal, or for the possession thereof, and all ac- recovery of tions founded upon contracts, may be maintained by and against executors and administrators, in all cases in which the same might have been maintained by or against their respective testators or intestates.

May maintain

waste, conver

SEC. 3. Executors and administrators may maintain actions against any person who has wasted, destroyed, taken, actions for or carried away, or converted to his own use, the goods of sion and trestheir testator or intestate in his lifetime. They may also maintain actions for trespass committed on real estate of the decedent in his lifetime.

pass.