Claims of executor, estate. shall be individually liable for such costs, but they must be allowed him in his administration accounts, unless it appears that the suit or proceeding in which the costs were taxed was prosecuted or defended without just cause. 1510. (§ 145.) If the executor or administrator is etc..against a creditor of the decedent, his claim, duly authenticated by affidavits, must be presented for allowance or rejection to the Probate Judge, and its allowance by the Judge is sufficient evidence of its correctness, and it must be paid as other claims, in due course of administration. If, however, the Probate Judge rejects the claim, action thereon may be had against the estate by the claimant, and summons must be served upon the Probate Judge, who may appoint an attorney at the expense of the estate, to defend the action. If the claimant recovers no judgment he must pay all costs, including defendant's attorney's fees. Executor neglecting to give notice to creditors, to be removed. Executor to return statement of claims. 1511. (§ 146.) If an executor or administrator neglects for two months after his appointment to give notice to creditors, as prescribed by this Chapter, the Court must revoke his letters, and appoint some other person in his stead, equally or the next in order entitled to the appointment. 1512. (§ 147.) At the same term at which he is required to return his inventory, the executor or administrator must also return a statement of all claims against the estate which have been presented to him, if so required by the Court; and from term to term thereafter he must present a statement of claims subsequently presented to him. In all such statements he must designate the names of the creditors, the nature of each claim, when it became due or will become due, and whether it was allowed or rejected by him. CHAPTER VII. OF SALES AND CONVEYANCES OF PROPERTY OF DECEDENTS. ARTICLE I. SALES IN GENERAL. II. SALES OF PERSONAL PROPERTY. III. SUMMARY SALES OF MINES AND MINING INTERESTS. CONFIRMATION THEREOF. ARTICLE I. SALES IN GENERAL. SECTION 1516. Personal estate first chargeable. Real estate, when sold. 1517. No sales valid, except by order of Probate Court. 1518. Applications for orders of sale. 1519. But one petition, order, and sale, must be had when it is possible to do so. estate first 1516. (§ 115.) The personal estate of the dece- Personal dent which comes into the hands of the executor or chargeable. administrator is first chargeable with the payment of the debts and expenses; if the goods, chattels, rights, and credits in the hands of the executor or adminis- Real trator are not sufficient to pay the debts of the dece- when sold. dent, the expenses of administration, and the allowance to the family, the whole of the real estate may be sold for that purpose by the executor or administrator, in the manner prescribed in Chapter VII of this Title. 1517. (§ 148.) No sale of any property of an estate of a decedent is valid unless made under order of the Probate Court, except as otherwise provided in this Chapter. All sales must be reported under oath, and confirmed by the Probate Court, before the title to the property sold passes. 1518. ( 149.) All petitions for orders of sale must be in writing, setting forth the facts showing the sale to be necessary, and upon the hearing any person estate, No sales except by valid. order of Probate Court. Applica tions for orders of salo. But one interested in the estate may file his written objections, which must be heard and determined. 1519. When it can be made to appear to the Court order, and that the estate is insolvent, or that it will require petition, sale must be had when it is possible to do so. sale of all the property of the estate, of every character, to pay the family allowance, expenses of administration, and debts, there must be but one petition filed, but one order of sale made, and but one sale had. The Probate Court, when a petition for the sale of any property for any of the purposes herein named is presented, must inquire fully into the probable amount required to make all such payments, and if there is no more estate than sufficient to pay the same, must require but one proceeding for the sale of the entire estate. In such case, the petition must set forth all the facts required by Section 1537. Perishable ARTICLE II. SALES OF PERSONAL PROPERTY. SECTION 1522. Perishable and depreciating property to be sold. 1524. Partnership interests and choses in action, how sold. 1522. (§ 150.) At any time after receiving letters, the executor, administrator, or special administrator may apply to the Court or Judge and obtain an order to sell perishable and other personal property likely to depreciate in value, or which will incur loss or expense by being kept, and so much other personal property as may be necessary to pay the allowance made to the family of the decedent. The order for the sale may be made without notice; but the execu tor, administrator, or special administrator is responsible for the property, unless, after making a sworn return, and on a proper showing, the Court shall approve the sale. to sell property. 1523. (§ 150.) If claims against the estate have Order been allowed, and a sale of property is necessary for personal their payment or the expenses of administration, the executor or administrator may apply for an order to sell so much of the personal property as may be necessary therefor. Upon filing his petition, notice of at least five days must be given of the hearing of the application, either by posting notices or by advertising. He may also make a similar application, either in vacation or term, from time to time, so long as any personal property remains in his hands and sale thereof is necessary. If it is made to appear for the best interest of the estate, he may, at any time after filing the inventory, in like manner and after giving like notice, apply for and obtain an order to sell the whole of the personal property belonging to the estate, whether necessary to pay debts or not. ship and choses in action, how sold. 1524. Partnership interests or interests belonging Partnerto any estate by virtue of any partnership formerly interests existing, interest in personal property pledged, and choses in action, may be sold in the same manner as other personal property, when it appears to be for the best interest of the estate. Before confirming the sale of any partnership interest, whether made to the surviving partner or to any other person, the Court or Judge must carefully inquire into the condition of the partnership affairs, and must examine the surviving partner, if in the county and able to be present in Court. 1525. (§ 151.) If it appears that a sale is necessary for the payment of debts or the family allowance, or for the best interest of the estate and the persons Salo of personal property. In interested in the property to be sold, whether it is or is not necessary to pay the debts or family allowance, the Court or Judge must order it to be made. making orders and sales for the payment of debts or family allowance, the Court or Judge must so direct;. and such articles as are not necessary for the support and subsistence of the family of the decedent, or are not specially bequeathed, must be first sold. Articles bequeathed must not be sold to pay debts or family allowance, until all other personal estate has been applied to the payment thereof. 1526. (§§ 152, 153.) The sale of personal property must be made at public auction, and after public notice, given for at least ten days, by notices posted in three public places in the county, or by publication in a newspaper, or both, containing the time and place of sale, and a brief description of the property to be sold; unless, for good reason shown, the Probate Court or Judge orders a private sale, or a shorter notice. Public sales of such property must be made at the Court House door, at the residence of the decedent, or at some other public place; but no sale shall be made of any property which is not present at the time of selling it, unless the Court otherwise order. Mines may be sold, how. ARTICLE III. SUMMARY SALES OF MINES AND MINING INTERESTS. SECTION 1529. Mines may be sold, how. 1530. Petition for sale, who may file and what to contain. 1531. Order to show cause, how made, and on what notice. 1532. Order of sale, when and how made. 1533. Further proceedings to conform to Articles II and IV. 1529. When it appears from the inventory of the estate of any decedent that his estate consists in whole or in part of mines or interests in mines, such mines |