Holder of lien may pur chase. the holder thereof may become the purchaser, and his receipt for the amount due him from the proceeds of the sale is a payment pro tanto. If the amount for which he purchased the property is insufficient to defray the expenses and discharge his mortgage or lien, he must pay Payments by to the court or the clerk thereof an amount sufficient to pay such expenses. SEC. 219. If there is any neglect or misconduct in the proceedings of the executor 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. 220. 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. holder of lien Liability of administrator executor or in proceeding to sell property. Liability of administrator lent sale of executor or for fraudu real estate. recover estate sold under this chapter. SEC. 221. No action for the recovery of any estate sold by an executor or administrator under the provis- Limitation to ions 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 the sale. An action to set aside the sale may be instituted and maintained at any time within three years from the discovery aside sale. of the fraud, or other grounds upon which the action is based. SEC. 222. 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 three years after the removal of the disability. SEC. 223. When a sale has been made by an executor or administrator of any property of the estate, real or personal, he must return to the probate court, at its next term thereafter, an account of sales, verified by his affidavit. If he neglects to make such return he may be Action to set Application of preceding section to persons la boring under disability to sue. Report of sales by execministrator, utor or ad Executor or administrator 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. 224. No executor or administrator must, directly not to pur- or indirectly, purchase any property of the estate he represents, nor must he be interested in any such sale. chase at sale. Executor or administra tor to take possession of all estate of decedent. Actions by or against exec utors or ad ministrators. Actions by executors or administra tors for waste, trespass, etc. Actions CHAPTER VIII.-OF THE POWERS AND DUTIES OF EXECUTORS SEC. 225. The executor or administrator must take into his possession all the estate of the decedent, real or personal, 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 title. SEC. 226. Actions for the recovery of any property, real or personal, or for the possession thereof, and all actions 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. SEC. 227. Exécutors and administrators may maintain actions against any person who has wasted, destroyed, taken or carried away, or converted to his own use, the goods of the testator or intestate in his lifetime. They may also maintain actions for trespass committed on the real estate of the decedent in his lifetime. SEC. 228. Any person, or his personal representatives, may maintain an action against the executor or against exec- administrator of any testator or intestate who in his lifeministrator time has wasted, destroyed, taken or carried away, or converted to his own use, the goods or chattels of any such person, or committed any trespass on the real estate utor or ad for waste, trespass, etc. of such person. powers of partner. surviving settle part partner to SEC. 229. When a partnership exists between the decedent, at the time of his death, and any other person, Rights the surviving partner has the right to continue in pos- Burviving session of the partnership, and to settle its business, but the interest of the decedent in the partnership must be included in the inventory and be appraised and appropriated as other property. The surviving partner must settle the affairs of the partnership without delay, and account with the executor or administrator, and such balances as may from time to time be payable to him in right of the decedent. Upon the application of the executor or administrator, the probate judge may, whenever it appears necessary, order the surviving partner to render an account, and in case of neglect or refusal surviving may, after notice, compel it by attachment, and the executor or administrator may maintain against him any action which the decedent could have maintained. pay over nership affairs and account. Probate judge may compel partner to account. Action on bond by an administra SEC. 230. An administrator may, in his own name, for the use and benefit of all parties interested in the estate, maintain actions on the bond of an executor, or of tor. any former administrator of the same estate. SEC. 231. In actions by or against executors it is not necessary to join those as parties to whom letters were issued but who have not qualified. of joinder of administra executor or tor who did not qualify. When execu SEC. 232. Whenever a debtor of a decedent is unable to pay all his debts, the executor or administrator, with the approbation of the probate court or judge, may tor or admincompound with him and give him a discharge upon receiving a fair and just dividend of his effects. A compromise may also be authorized when it appears to be just and for the best interest of the estate. SEC. 233. When there is a deficiency of assets in the hands of an executor or administrator, and when the decedent in his lifetime has conveyed any real estate or any rights or interests therein with intent to defraud his creditors, or to avoid any right, debt, or duty of any person, or has so conveyed such estate that by law the deeds or conveyances are void as against creditors, the executor istrator may compound with debtor of estate. Recovery of property fraudulently disposed of by decedent. When suit to be brought under pre ceding section. estate recov ered. or administrator must commence and prosecute to final judgment any proper action 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 all goods, chattels, rights, or credits which have been so conveyed by the decedent in his lifetime, whatever may have been the manner of such fraudulent conveyance. SEC. 234. No executor or administrator is bound to sue for such estate as is mentioned in the preceding section, for the benefit of the creditors, unless on application of creditors, who must pay such part of the costs and expenses of the suit, or give such security to the executor or administrator therefor, as the probate judge shall direct. SEC. 235. All real estate so recovered must be sold for the payment of debts, in the same manner as if the decedent had died seized thereof, upon obtaining an order Disposition of therefor from the probate court, and the proceeds of all goods, chattels, rights, and credits so recovered must be appropriated in payment of the debts of the decedent, in the same manner as other property in the hands of the executor or administrator. Executor or ad mi nistrator to complete contracts for sale CHAPTER IX.-OF THE CONVEYANCE OF REAL ESTATE BY SEC. 236. When a person who is bound by contract, in writing, to convey any real estate, dies before making the conveyance, and in all cases where such decedent, if living, might be compelled to make such conveyance, the of real estate. probate court may make a decree authorizing and directing his executor or administrator to convey such real estate to the person entitled thereto. Petition for convey a nce and notice of hearing. SEC. 237. On the presentation of a verified petition by any person claiming to be entitled to such conveyance from an executor or administrator, setting forth the facts upon which the claim is predicated, the probate court must appoint a time and place for hearing the peti tion, at a regular term of the court, and must order notice thereof to be published at least four successive weeks before such hearing, in such newspaper in this territory as he may designate. Hearing petition. SEC. 238. At the time and place appointed for the hearing, or at such other time to which the same may be postponed, upon satisfactory proof, by affidavit or otherwise, of the due publication of the notice, the court must proceed to a hearing, and all persons interested in the estate may appear and contest such petition by filing parties may their objections in writing, and the court may examine, on oath, the petitioner and all who may be produced before him for that purpose. Interested contest. Conveyance, SEC. 239. If, after a full hearing upon the petition and objections, and examination of the facts and circumstances of the claim, the court is satisfied that the petitioner is entitled to a conveyance of the real estate when ordered described in the petition, a decree authorizing and directing the executor or administrator to execute a conveyance thereof to the petitioner must be made, entered on the minutes of the court, and recorded. SEC. 240. The executor or administrator must execute the conveyance according to the directions of the decree, a certified copy of which must be recorded with the deed in the office of the recorder of the county where the lands lie, and is prima facie evidence of the correctness of the proceedings, and of the authority of the executor or administrator to make the conveyance. SEC. 241. If, upon hearing in the probate court, as hereinbefore provided, the right of the petitioner to have a specific performance of the contract is found to be doubtful, the court must dismiss the petition without prejudice to the rights of the petitioner, who may, at any time within six months thereafter, proceed in the district court to enforce a specific performance thereof. to be made. Execution conveyance. and record of Rights of peforce contract titioner to en Effect of con SEC. 242. Every conveyance made in pursuance of a decree of the probate court, as provided in this chap- veyance. ter, shall pass the title to the estate contracted for as |