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what judgment is not a lien on real property of estate.............

1506

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no sales valid except by order of Probate Court...........
applications for orders of sale............

1517

1518

1519

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but one petition, order and sale must be had............

Sales of personal property-

perishable and depreciating property to be sold........

1522

order to sell personal property..........

1523

partnership interests and choses in action, how sold.......

1524

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petition for sale, who may file, and what to contain...........

1529

1530

order to show cause, how made, and on what notice..

1531

order of sale, when, and how made

1532

further proceedings to conform to Articles II and IV...........................................

1533

Sale of real estate-

to sell real estate, when.........

1536

verified petition for sale, what to contain, and to what it may refer. 1537

order to persons interested to appear........

1538

copy to be served, assent given, or publication made...........

1539

hearing after proof of service.......... ................

1540

presentation of claims.............

1540

administrator, executor, and witnesses may be examined............... 1541

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ninety per cent of appraised value must be offered.............

1350

purchase money on sale on credit, how secured.......

1551

hearing and setting aside sale, and when resale may be ordered........ 1552

may file objections, when and who................

1555

when order of confirmation is to be made, and when not

1554

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contribution among legatees........................................................................................

contract for purchase of lands may be sold, how...........

1564

1565

conditions of sale.............

purchaser to give bond.

1306

1567

executor to assign contract..........

1368

1570

1570

sales by executors or administrators of lands under mortgage or lien 1569
the holder of the mortgage or lien may purchase the lands........
his receipt to the amount of his claim a valid payment.......
administrator and executor liable for misconduct in sale................ 1571
fraudulent sales............

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executors may sue and be sued for recovery of property...............
may maintain actions for waste, conversion, and trespass
executor and administrator may be sued for waste or trespass of
decedent..........

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1883

1584

1583

1585

another administrator.............

actions on bond of executor or administrator may be brought by

1385

what executors are not parties to actions.....

may compound .........

recovery of property fraudulently disposed of by testator..

when executor to sue, as provided in preceding section............... 130.
disposition of estate recovered.

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ESTATES OF DECEDENTS- (Continued.)

Section.

Of the conveyance of real estate-

executor to complete contracts for sale of real estate..

1597

petition for executor to make conveyance, and notice of hearing.... 1598

interested parties may contest...........

1599

conveyances, when ordered to be made...........

1600

execution of conveyance and record thereof, how enforced............ 1601
rights of petitioner to enforce contract

1602

effect of conveyance.

1603

effect of recording a copy of the decree.........

1604

recording decree does not supersede power of Court to enforce it...
where party to whom conveyance to be made is dead...............
decree may direct possession to be surrendered

1605

1606

................

1607

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to render an exhibit of receipts and disbursements, and claims

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to produce and file vouchers, which remain in Court...............
vouchers for items less than twenty dollars, when excepted............ 1632
day of settlement to be appointed, and must give notice thereof......
final settlement, partition, and distribution may be made at same
time..........

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settlement of accounts to be conclusive, when and when not........... 1637

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ESTATES OF DECEDENTS- (Continued.)

Section.

order for payment of debts and discharge of the executor and ad-
ministrator......

1647

provision for disputed and contingent claims..........

1648

after decree for payment of debts, executor personally liable to
creditors.....

1649

claims not included in order for payment of debts, how disposed of 150
order for payment of legacies and extension of time.

final account, when to be made.............

neglect to render final account, how treated............................

Distribution prior to final settlement—

payment of legacies upon giving bonds....

notice of application for legacies..............................

executor or other person may resist application...........

decree prayed for to require bond, which must be given..........

may order whole or part of share to be delivered........
where partition necessary, how made..........

1631

1652

1658

1678

1659

1600

1661

1661

1661

1661

1662

costs.............

order for payment of bond, and suit thereon.......

Final distribution-

distribution of estate, how made and to whom..........

1665

what the decree must contain, and is final.....

1606

no distribution to be ordered till all taxes on personal property are

distribution when decedent was not a resident of this State............ 1667
decree to be made only after notice...............

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partition and notice thereof, and the time of filing partition

1676

estate in different counties, how divided...........

partition may be made although some of the heirs, etc., have

parted with their interest..........................

1677

shares to be set out by metes and bounds..........

1678

estate may be sold........

whole estate may be assigned to one, in certain cases....................
payments for equality of partition, by whom and how..........

1679

1680

1681

to make report, and partition to be recorded..............

Agent, and discharge of executor or administrator—

Court may appoint agent to take possession for absentees.................................
agent to give bond, and his compensation.......

unclaimed estate, how disposed of.

when real and personal property of absentee to be sold................... 1694

liability of agent on his bond...........

certificate to claimant.........

1695

1696

when Commissioners to make partition are not necessary.............. 1685
advancements made to heirs..............

to give notice to all persons and guardians before partition............ 1683
duties of Commissioners

1682

1683

164

1686

1691

1692

........

1693

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Orders, decrees, processes, minutes, records, trials, and appeals-

orders and decrees to be entered in minutes...

1704

how often publication to be made.........................................

1705

recorded decree or order to impart notice from date of filing.......... 1706
citation, how directed and what to contain.........

1707

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citation to be served five days before return..............................................................

1711

one description of real estate sought to be sold being published, is

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issues joined in Probate Court, how tried and disposed of............... 1716

Court to try case when no jury is demanded.........

1717

how and what issues to be tried..........

1717

Court to appoint attorney for minor or absent heirs.....................................

1718

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duty of persons in whose house any stranger dies.............

1728

must return inventory and administer estates according to this title.. 1729

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every six months, to make and publish return of condition of estate
when there are no heirs or claimants, moneys and effects paid to
County Treasurer, etc..........

1736

1737

not to be interested in the payments for or on account of estates in
his hands...........

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proceedings against, for failing to pay over money as ordered......... 1740
fees of officers, when and by whom paid..........

1741

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