, when there no give receipts, and fend county, and if there be no newspaper published in the county, SEC. 75. When an intestate has left no known heirs, the ad- When and how to Sec. 76. Executors and administrators shall collect all money may colloce debes, and debts of every kind due to the deceased, and give receipts progcento and deand discharges therefor, and shall commence and prosecute all actions which may be maintained and are necessary in the course of his administration, and defend all such as are brought against him. Sec. 77. They shall prosecute and defend all actions com- ecutors, etc., mag menced by or against the deceased, at the time of his death, and fend. which might have been prosecuted or maintained by or against such executor or administrator. SEO. 78. For all wrongs done to the property, rights or inter- hot hatenationer og ests of another, for which an action might be maintained against the wrong doer, such action may be brought by the person injured, or, after his death, by his executor or administrator against such wrong doer, and after his death, against his executors or administrators, in the same manner and with the like effect, in all respects as actions founded upon contracts. Sec. 79. The preceding section shall not extend to actions for not to extend to slander, libel, assault and battery, or false imprisonment, nor to actions on the case for injuries to the person of the plaintiff, or to the person of the testator or intestate of any executor or administrator. Sec. 80. All debts due by an administrator to his testator or Debts due by erintestate, shall be considered as assets in his hands. Sec. 81. If any person appoint his debter executor of his Dentop eppointed will, such appointment shall not discharge the debt, but it shall consiuurid Asseta. be assets in his hands. What actions ex prosecute and do be by and against executors and adminisiratory. certain ecutora, &c., to be assets. his 1 . Articles allowed widow in addition to dower. Sec. 82. In addition to her portion of her deceased husband's estate, the widow shall be allowed to keep absolutely, for the use of herself and family, all the wearing apparel of the family, her wheels, looms and other implements of industry; all yarn, cloth and clothing made up in the family for their own use; all grain, meat, vegetables, groceries, and other provisions on hand, and 261-297. provided and necessary for the subsistence of the widow and her To be deducted from her dower in , not Sale of perishablo property, how to be made. If insufficient to pay debts, other sold. family for twelve months, and as many beds, with bedding, as Sec. 83. The widow shall apply for such property named in liable for debts the preceding section, before the same be distributed or sold, and the property so delivered shall in no case be liable for the pay- Sec. 84. Every executor or administrator, after the appraise- Sec. 85. If the perishable goods be not sufficient to pay the pogonality to be debts, the executor or administrator shall, in the same manner, sell other personal estate, until the debts and legacies be all paid ; SEC. 80. Executors and administrators may assign the notes to creditori devons and bonds of the estate to creditors, legatees and distributees, in discharge of such an amount of their claims equal to the amount Sec. 87. They shall give notice of the time and place of sale, Sec. 88. If any testator directs his estate not to be sold, the saine shall be reserved, unless such sale be necessary for the pay ment of debts. tives, the administrator shall sell all the personal estate of the Sec. 90. If any executor or administrator apply to the pro- Bonds and notes to ay be assigned and utees. Yotice of sale, how and when given. Estate of testator, when not to be Bold. estate to be cold, when there are no known heirs. Perronal estato may be sold at private sale, when. Clerk to be sale. heir or leased ceased, or any part thereof, at private sale, and the court be satisfied that such sale would not be predjudicial to the persons interested in the estate, it may order such sale and prescribe the terms thereof. SEC. 91. In every public sale, the executor or administrator proyed at publie shall employ a competent clerk, not interested nor of kin to any erisee of the estate. Sec. 92. Such clerk shall keep a true account of the sale His doties. made, make a list of sales, specifying each article sold, the price and the name of the purchaser, and shall annex his affidavit to such list, stating that the same is a true account of the sales made by such executor or administrator, at the time specified. Sec. 93. Such sale bill shall be filed by the executor or ad- and where filed. ministrator, in the office of the clerk of the probate court, within thirty days after the sale, and it shall be evidence in the same manner and with like effect as inventories. Sec. 94. Executors and administrators, under the direction of by order of court. the probate court, shall lease the real estate for any term not more than three years, and shall receive and recover the rents. Seo. 95. When any house, out building, fence or other im- Recept provements on the real estate require repairs, the probate court may, on the application of any person interested, order the executor or administrater to cause the necessary repairs to be made without prejudicing creditors. Sec. 96. At every term, the probate court shall examine all fled, when to his inventories, appraisements and sale bills filed since the last term, bate court, ko! to see if they have been made and filed according to law, and shall issue citations to compel all delinquents to comply with the law. Sec. 97. If a person die, leaving horses or other stock that Aing care of.. require attention, crops ungathered, property so exposed as to be procured. in danger of loss in value, or work in an unfinished state, so that the estate would suffer material loss from the want of care and additional labor, the executor or administrator may, until the meeting of the probate court, procure such indispensable labor to be performed on the most reasonable terms. Sec. 98. The probate court, on the application of any person and when a interested, may in such cases authorize further labor to be per- ses, bow paid! formed, as the interests of the estate require and all sums thus paid, if approved by the court, shall be allowed as expenses of administration. on real estate made by order of court. Inventories, &e.. examined by pro in ta tate, when to be Further assist thorized ; exper , . Interest on debts, when assets; when be paid ministrator To be accounted for under the of the court. Statement on oath of money on hand, Disposition of money on hand, when and how wade. Sec. 99. All interest received by executors or administrators y executor of ad- on debts due to the deceased, shall be assets in their hands, and if they lend the money of the deceased, or use it for their private Sec. 100. The probate court shall exercise an equitable conequitible control trol in making executors and administrators account for interest Seo. 101. Every executor and administrator, at the second when to be made term after the one at which he is required to make settlement, shall render to the probate court a statement, on oath, of the Sec. 102. If, on the return of the inventory, or at any other Sec. 103. The probate court may at any time make such orders as the interest of the estate may require, for the speedy collection of debts, or the sale or distribution of personal property. Sec. 104. All executors and administrators may give receipts ai scherming effect and discharges for money received by them on account of the de ceased; but if there be more than one executor or administrator, SEC. 105. If personal property shall be bound by the lien of shall have been levied or not at the time of the death of the tes- Sec. 106. The proceeds of the sale of such personal property Orders for collec. Lion, sale and dig. oribution, when made. Becutors and administrators may ave and If proporty bound by lien of execulion, of exectrator to sell the game. row the proceeds of such sale shall be applied. . only Dal to be . the payment of such executions, and the residue, if any, shall be assets, to be administered according to law; but if such proceeds shall not be sufficient to pay the whole, then in proportion to their respective amounts. Third, When there is more than one execution, the liens whereof are of uneven dates, and such proceeds shall not be sufficient to pay the whole, to the payment thereof, according to their priority of lien. Sec. 107. The provisions of the two preceding sections shall Preceding provisnot be construed to deprive the widow of the benefit of the eighty- to eertain cases. third section of this chapter, nor to deprive the demands classed in the first and second sub-divisions of the one hundred and forty-third section of this chapter, of their precedence over all other demands against the estate of the deceased. Sec. 108. In all cases where any person shall die, leaving a to certain cases, widow or other family, the probate court has power, if in its beste som opinion it will not be predjudicial to creditors, and will be advan- sold. tageous to such widow or others entitled to distribution in the estate, to order that no more of the personal estate shall be sold than will be sufficient to pay the debts : Provided, The probate court shall take good and sufficient security that the property shall be forthcoming to answer the demand of any creditor, or others concerned in the estate. Sec. 109. In the cases specified in the preceding section, the Appraisement. executor or administrator shall make an inventory and appraise- bilete the price ment of the estate as in other cases, but he shall leave such per or family. sonal property as is ordered not to be sold, in possession of the widow or other family, who shall use and enjoy the same until the probate court shall order such property to be administered. Sec. 110. If property is about to be sold in the vacation of Snupension of the probate court, any judge of such probate court has power, be ordered in upon the petition of the executor or administrator, or of any other person interested in the estate, to order the suspension of such sale until the next term of the probate court. Sec. 111, In any case where the court has ordered that prop- in case of injury: erty shall not be sold, if it shall appear to the probate court that pourteney those such property is likely to be injured or wasted, or that those interested therein would be benefitted thereby, such court shall order that such estate be forthwith administered; and in such cases the rights of all persons interested shall be the same as if the order, provided for in the one hundred and ninth section of this chapter, had not been made. Sec. 112. For good cause shown, the probate court may con 3 Such propert, to sion of widow sales of such vacation of court. or to such may rescind such order. Courts may continue proceedings |