or trust company, subject to the surrogate's order; or be paid into the surrogate's court, for the purpose of being applied to the payment of the claim, when it is due, recovered or settled; and that so much thereof, as is not needed, for that purpose, be after ward distributed according to law. 2 R. S. 96, § 74 (2 Edm. 99). § 2746. [Am'd, 1886.] Id.; share of infant. When a legacy or distributive share is payable to an infact the decree may, in the discretion of the surrogate's court, direc it, or so much of it as may be necessary, to be paid to his gen eral guardian, to be applied to his support and education; when it does not exceed fifty dollars, the decree may order it t be paid to his father, and if his father be dead, then to hi mother, for the use and benefit of such infant. Said court may in its discretion, by its decree, direct any legacy or distributiv share, or part of a legacy or distributive share, not paid or a plied as aforesaid, which is payable to an infant, to be paid: the general guardian of such infant, upon his executing and de positing with the surrogate in his office, a bond running to su infant, with two or more sufficient sureties, duly acknowledg and approved by the surrogate, in double the amount of suc legacy or distributive share, conditioned that such gener guardian shall faithfully apply such legacy or distributive shar and render a true and just account of the application thereof. all respects, to any court having cognizance thereof, when ther unto required, the sureties in which bond shall justify as r quired in this act. The said court may, in its discretion, fr time, to time, authorize or direct such general guardian to pend such part of such legacy or distributive share, in the s port, maintenance and education of such infant as it deems nece sary. On such infant's coming twenty-one years of age, he sha be entitled to receive, and his general guardian shall pay or d liver to him, under the direction of the surrogate's court, t securities so taken, and the interest or other moneys that m have been paid to or received by such general guardian, aft deducting therefrom such amounts as have been paid or e pended in pursuance to the orders and decrees of said court. made as aforesaid and the legal commissions of such guardia and the said general guardian shall be liable to account in a under the direction of the surrogate's court, to his ward, for t same; in case of the death of said infant, before coming of a the said securities and moneys, after making the deductio aforesaid, shall go to his executors or administrators, to be s plied and distributed according to law, and the general guardi shall in like manner be liable to account to such administrator executor. If there be no general guardian, or if the surrogat court do not order or decree the payment or disposition of t legacy or distributive share in some of the ways above describe then the legacy or distributive share, or part of the same not di posed of as aforesaid, whether the same consists of money securities, shall, by the order or decree of the surrogate's cou be paid and delivered to and deposited in said court, by payi and delivering the same to and depositing it with the count treasurer of the county, to be held, managed, invested, collecte reinvested and disposed of by him, as prescribed and required è section two thousand five hundred and thirty-seven of this a The regulations contained in the general rules of practice, # section seven hundred and forty-four of this act, and ons of title three of chapter eight of this act apply to acies and distributive shares paid to and securities deth the county treasurer, as prescribed in this section; t the surrogate's court exercises with respect thereto, -spect to a security in which any of the money has ted, or upon which it has been loaned, the power and conferred upon the supreme court by section seven nd forty-seven of this act. Sections forty-six, fortyy-eight, forty-nine, fifty and fifty-one of part two, title three, article two, of the Revised Statutes, are $ 80, am'd; L. 1886, ch. 358. egacy, etc., to unknown person to be paid into sury. e person entitled to a legacy or distributive share is the decree must direct the executor or administrator amount thereof into the treasury of the State, for the he person or persons who may thereafter appear to be -reto. The surrogate, or the supreme court, upon the a person claiming to be so entitled, and upon at least ys' notice to the attorney-general, accompanied with the petition, may by a reference, or by directing the issue by a jury, or otherwise, ascertain the rights of interested, and grant an order directing the payment ey, which appears to be due to the claimant, but withand deducting all expenses incurred by the State to the decedent's estate. The comptroller, upon the of a certified copy of the order, must draw his warrant easury, for the amount therein directed to be paid; be paid by the State treasurer, to the person entitled 'd; L. 1877, ch. 456. hen legacy, etc., to be paid to county treasurer. e must also direct the executor or administrator to ounty treasurer a legacy or distributive share, which to the person entitled thereto, at the expiration of om the time when the decree is made, or when the tributive share is payable by the terms of the decree. so paid to the county treasurer, can be paid out by the special direction of the surrogate; or pursuant ent of a court of competent jurisdiction. TITLE V. Disposition of the decedent's real property, for the payment of debts and funeral expenses. Distribution of the proceeds. Sec. 2749. What property subject to this title. 2750. Petition; when and by whom presented. 2751. Creditor's time to apply extended in certain cases. 2752. Contents of petition. 2753. Proceedings where some of the facts are unknown. 2755. Hearing. 2756. Proof of debt upon which judgment, etc., has been rendered. 2757. The last section qualified. 2758. Decree to recite debts and liens. 2759. What proof necessary for a decree. 2760. Decree to mortgage or lease. 2761. Decree to sell. 2762. Id.; when title is in controversy. 2763. Id.; order in which different parcels are to be sold. 2764. Id.; where undivided interest or precedent estate is created by will, etc. 2765. Form of decree. 2766. Bond to be given by executor or administrator. 2767. If he refuses, freeholder to be appointed to execute decree. 2768. Order directing execution of decree. 2769. Id.; as to distinct parcels after appeal. 2770. Id.; not affected by death, etc. 2771. What credit allowed on sale. 2772. Mode of sale; notice thereof. 2773. Distinct parcels to be sold separately. 2777. When conveyance not to affect purchaser or mortgagee from etc. 2778. Effect of conveyance in other cases. 2779. Contract for lands; how sold. 2780. Id.; purchaser's bond for payment thereupon. 2781. Id.; when interest in part of land may be sold. 2782. Id.; effect of conveyance of decedent's interest. 2783. Id.; effect of conveyance of part. 2784. Purchaser's title not affected by certain irregularities, etc. 2785. Id.: presumption where records have been removed. 2786. Proceeds to be paid into court; effect thereof. 2787. Notice of distribution of proceeds. 2788. Hearing; proof of further debts or liens. 2789. When sale of unsold property may be directed. 2791. Decree for distribution. 2792. Id.; county treasurer to distribute. 2793. Distribution; how made. 2794. Dower in lands under contract; how computed. 2795. Fund set apart for dower; how invested, etc. 2796. Id.; share belonging to infant, etc. 2797. Effect upon proceedings under this title, of an action to fored etc. 2798. Surplus money on foreclosure and other sales; when paid to gate. 2799. Id.; how distributed. 2800. Securities and leases; surrogate's duty respecting the same. § 2749. [Am'd, 1894.] What property subject to this tiế Real property, of which a decedent died seized, and the inte of a decedent in real property, held by him under a contract the purchase thereof, made either with him, or with a from whom he derived his interest, may be disposed of the payment of his debts and funeral expenses, or for the ment of judgment liens existing thereon at his death, a this title; except where it is devised, expressly charged payment of debts or funeral expenses, or is exempted and sale by virtue of an execution, as prescribed in title chapter thirteen of this act. The expression "funeral as used in this title, includes a reasonable charge for headstone. . 735. Am'd, 1894.] Petition, when and by whom pre time within three years after letters were first duly thin the State, upon the estate of a decedent, an execninistrator, whether sole or joined in the letters with her than a temporary administrator, or a person holdnent lien upon decedent's real property at the time of or any other creditor of the decedent, other than a a mortgage, which is a lien upon the decedent's real ay present to the surrogate's court, from which letssued, a written petition, duly verified, praying for a ting the disposition of the decedent's real property, in real property, specified in the last section, or so of as is necessary for the payment of his debts or enses, or, if so decreed as hereinafter provided, for t of any judgment liens existing upon such land, or n thereof, at decedent's death, by the mortgage, lease public or private sale thereof; and that the parties he petition and all other necessary parties, as prehe subsequent sections of this title, may be cited to why such a decree should not be made. 735. m'd, 1887.] Creditor's time to apply extended cases. during which an action is pending in a court of een a creditor and an executor or administrator of not a part of the time limited in the last section, for petition, founded upon a debt, which was in controaction; if the creditor has, before the expiration of imited, filed in the clerk's office of the county where erty is situated, a notice of the pendency of the acng the names of the parties, the object of the action, reditor's debt is made the foundation of a counterture of the counterclaim; containing a description of in that county to be affected thereby; and stating e held as security for any judgment obtained in the tice so filed must be recorded and indexed, and may as prescribed, with respect to the notice of penaction, in article nine of title first of chapter fournet. It may also be cancelled in like manner, or a ion of the property affected thereby, may be disthe lien thereof, by the order of the court in which bending, made upon the application of a person havst in the real property, upon notice to the creditor, a terms as justice requires. Whenever an executor, or creditor of a deceased person shall have comall hereafter commence, an action in any court of isdiction of this State for the purpose of setting udulent conveyance of, or incumbrance upon, any real estate of such deceased person, and such action shall have been decided in favor of such executor, administrator or creditor, such executor, administrator or creditor may, at any time within three years after the final determination of such action, have and maintain an action or proceeding against the proper parties, in any court of competent jurisdiction of this State, for a sale of such real estate, and for a distribution of the proceeds of such real estate among the creditors of such deceased person, and other persons entitled to the same as may be directed by the judgment in such action. L. 1887, ch. 423. § 2752. [Am'd, 1894.] Contents of petition. The petition must set forth the following matters, as nearly as the petitioner can, upon diligent inquiry, ascertain them: 1. The unpaid debts of the decedent, and the name of each creditor or person claiming to be a creditor; and the name of each person holding, or claiming to hold, a lien by judgment docketed against decedent before his decease, and also the ser eral dates of docket of all or any of such judgment liens, and whether such judgment lien or liens affect the whole or part of the decedent's real property; and the amount of the unpaid funer, expenses of the decedent, if any, and the name of any person to whom any sum is due by reason thereof. 2. A general description of all the decedent's real property, and interest in real property, within the State, which may be dis posed of as prescribed in this title; a statement of the value of each distinct parcel; whether it is improved or not; whether it is occupied or not; and, if occupied, the name of each occupant whether it is incumbered by a mortgage lien or liens together with a statement of the amount due or claimed to be due thereo Where the petition describes an interest in real property, spec fied in section two thousand seven hundred and forty-nine this act, the value of the interest must be stated, and also the value of, and the other particulars, specified in this section, lating to the real property to which, the interest attaches. 3. The names of the husband or wife, and of all the heirs an devisees of the decedent, and also of every other person claimi under them, or either of them, stating who, if any, are infants the age of each infant, and the name of his general guardia if any; and also, if the petition is presented by a creditor judgment lienor, the name of each executor or administrator 4. If the petition is presented by an executor or administrator! the amount of personal property which has come to his hands and those of his co-executors or co-administrators, if any; the application thereof, and the amount which may yet be realiz therefrom. L. 1894, ch. 735. § 2753. [Am'd, 1894.] Proceedings where some of the facts are unknown. If, upon diligent inquiry, any of the matters required to set forth, as prescribed in the last section, cannot be ascertained by the petitioner, that fact must be shown to the surrogate » satisfaction, and the surrogate must, thereupon, inquire into th matter, as prescribed in article first of title second of this chap ter. If the petition is presented by a creditor or judgmen lienor, the surrogate may, by order, require the executor or aú |