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SEC. 207. At the time and place appointed for such hearing, or at Hearing petition. such other time as the same may be adjourned to, upon proof by affidavit of the due publication of the notice, the court shall proceed to a hearing, and all persons interested in the estate may appear and defend such petition, by filing their objections in writing, and the court may examine on oath the petitioner, and all who may be produced before him for that purpose.
SEC. 208. After a full hearing upon such petition and objections, Order to and examination of the facts and circumstances of the claim, if the execute probate judge is satisfied that the petitioner is entitled to a conveyance of the real estate described in his petition, he shall make a decree authorizing and directing the executor or administrator to execute a conveyance thereof to the petitioner.
SEC. 209. Any person interested may appeal from such decree to Appeal from the district court for the same county, as in other cases; but if no appeal be taken from such decree within the time limited therefor by law, or if such decree be affirmed on appeal, it shall be the duty of the executor or administrator to execute the conveyance according to the directions contained in the decree, and a certified copy thereof shall be recorded with the deed in the office of the recorder in the county where the lands lie, and shall be evidence of the correctness of the proceedings, and of the authority of the executor or administrator to make the conveyance.
SEC. 210. If upon a hearing in the probate court, as herein before Dismissing provided, the probate judge shall doubt the right of the petitioner to have a specific performance of the contract, he shall dismiss the titioner without prejudice to the rights of the petitioner, who may at any time within six months thereafter proceed in the district court to en force a specific performance.
SEC. 211. Every conveyance made in pursuance of a decree of the Effect of probate court, as provided in this chapter, shall be effectual to pass the estate contracted for as fully as if the contracting party himself was still living and then executed the conveyance.
recording a copy
SEC. 212. A copy of the decree for a conveyance made by the Effect of probate court, and duly certified and recorded in the office of the of the decree. recorder of the county where the lands lie, shall give the person entitled to the conveyance a right to the possession of the lands contracted for, and to hold the same according to the terms of the intended conveyance, in like manner as if they had been conveyed in pursuance of the decree.
SEC. 213. The recording of any decree, as provided in the preced- The like.
Where party to whom
conveyance to be shall die before the commencement of the proceedings, according to
made is dead.
the provisions of this chapter, or before the completion of the conveyance, any person who would have been entitled to the estate under him as heir, devisee, or otherwise, in case the conveyance had been made according to the terms of the contract, or the executor or administrator of such deceased person, for the benefit of the person so entitled, may commence such proceedings, or may prosecute the same if already commenced, and the conveyance shall be so made as to vest the estate in the same persons who would have been entitled to it, or in the executor or administrator for their benefit.
When executor personally liable.
Executor to be charged with all estate, etc.
Not to profit or lose by estate.
ing section, shall not prevent the court making such decree from enforcing the same by other process.
SEC. 214. If the person to whom the conveyance was to be made
OF ACCOUNTS TO BE RENDERED BY EXECUTORS AND ADMINISTRATORS, AND
SECTION 215. No executor or administrator shall be chargeable upon any special promise to answer damages or to pay the debts of the testator or intestate out of his own estate, unless the agreement for that purpose, or some memorandum or note thereof, is in writing and signed by such executor or administrator, or by some other person by him thereunto specially authorized.
SEC. 216. Every executor and administrator shall be chargeable in his account with the whole of the estate of the deceased, which may come to his possession at the value of the appraisement contained in the inventory, except as provided in the following sections, and with all the interest, profit, and income of the estate.
SEC. 217. He shall not make profit by the increase, nor suffer loss by the decrease or destruction without his fault, of any part of the estate. He shall account for the excess when he shall sell any part of the estate for more than the appraisement, and if any shall be sold for less than the appraisement he shall not be responsible for the loss if the sale has been justly made.
SEC. 218. No executor or administrator shall be accountable for any debts due to the deceased, if it shall appear that they remain uncollected without his fault.
SEC. 219. He shall be allowed all necessary expenses in the care, management, and settlement of the estate, and for his services such fees as the law provides; but when the deceased shall, by his will, make some other provision for the compensation of his executor, that
shall be deemed a full compensation for his services, unless he shall, by a written instrument, filed in the probate court, renounce all claim for compensation provided by the will.
SEC. 220. No administrator or executor shall purchase any claim Not to purchase against the estate he represents; and if he shall have paid any claim the estates. for less than its nominal value, he shall only be entitled to charge in his account so much as he shall have actually paid.
in lieu of
SEC. 221. When no compensation shall have been provided by the Commission will, or the executor shall renounce all claim thereto, he shall be al- compensation. lowed commissions upon the amount of the whole estate accounted for by him, as follows: For the first thousand dollars, at rate of seven per cent.; for all above that sum, and not exceeding ten thousand dollars, at the rate of five per cent.; for all above that sum, at the rate of four per cent., and the same commissions shall be allowed to administrators. In all cases such further allowance may be made as the probate judge may deem just and reasonable for any extraordinary services not required by an executor or administrator in the common course of his duty: Provided, the total amount of such allowances shall not exceed the amount of commission allowed by this section.
Sɛc. 222. At the third term of the court after his appointment, To render an and thereafter at any time when required by the court, either upon receipts, etc. its own motion or upon the application of any person interested in the estate, the executor or administrator shall render, for the information of the court, an exhibit under oath, showing the amount of money received and expended by him, the amount of all claims presented against the estate and the names of the claimants, and all other matters necessary to show the condition of its affairs.
SEC. 223. If the executor or administrator fail to render an exhibit Citation to at the third term of the court, it shall be the duty of the judge to cause a citation to be issued requiring him to appear and render it.
SEC. 224. Any person interested in the estate may, at any time Petition for before the final settlement of accounts, present his petition to the account. probate judge, praying that the executor or administrator be required to appear and render such exhibit, setting forth the facts, showing that it is necessary and proper that such an exhibit should be made.
SEC. 225. If the judge be satisfied, either from the oath of the ap plicant or from any other testimony that may be offered, that the facts alleged are true, and shall consider the showing of the applicant sufficient, he shall direct a citation to be issued to the executor or administrator, requiring him to appear at some day to be named in
Citation to account.
Objections to account.
Attachment for not obeying citation.
Executor to render full account at end of year.
Executor to account after his authority revoked.
Revoking authority of executor, etc.
the citation, which shall be during a term of the court, and render an exhibit as prayed for.
SEC. 226. When an exhibit is rendered by an executor or administrator, any person interested may appear and by objections in writing contest any account or statement therein contained. The court may examine the executor or administrator, and if he has been guilty of negligence, or has wasted, or embezzled, or mismanaged the estate, his letters shall be revoked.
Except items less than $20.
SEC. 227. If any executor or administrator neglect or refuse to appear and render an exhibit after having been duly cited, an attachment may be duly issued against him, or his letters may be revoked in the discretion of the court.
SEC. 228. Every executor or administrator shall render a full account of his administration upon the expiration of one year from the time of his appointment. If he fail to present his account it shall be the duty of the judge to compel the rendering of such account by attachment, and any person interested in the estate may apply for and obtain an attachment, but no attachment shall issue unless a citation has been first issued and returned, requiring the executor or administrator to appear and show cause why an attachment should not issue.
SEC. 229. Whenever the authority of an executor or administrator shall cease or be revoked for any reason, he may be cited to account before the probate court at the instance of the person succeeding to the administration of the same estate, in like manner as he might have been cited by any person interested in the estate, during the time he was executor or administrator.
SEC. 230. If the executor or administrator resides out of the county, or absconds, or conceals himself so that the citation cannot be personally served, and shall neglect to render an account within thirty days after the time above prescribed, or if he shall neglect to render an account within thirty days after being committed where the attachment has been executed, his letters shall be revoked.
Executor to produce vouchers
SEC. 231. In rendering his account the executor or administrator
for all payments. shall produce vouchers for all charges and expenses which he shall
have paid, which vouchers shall be filed and remain in the court;
SEC. 232. On the settlement of his account he
the fact of payment, specifying where and to whom the payment was made, and if such oath be uncontradicted; but such allowances in the whole shall not exceed five hundred dollars for payment in behalf of any one estate.
SEC. 233. When the account is rendered for settlement, notice Notice of settling account. thereof shall be given by the clerk, by causing notices to be posted up in three public places in the county. The notice shall set forth the name of the estate and of the executor or administrator, and the day appointed for the settlement of the account, which shall be on some day of a term of a court.
SEC. 234. On the day appointed, or any subsequent day to which Exceptions the hearing may be adjourned by the court, any person interested in the estate may appear and file his exceptions in writing to the account, and contest the same.
SEC. 235. If there be any minor interested in the estate, who has Minors to have no legally appointed guardian, the court shall appoint some disinter- appointed. ested person to represent him, who, on behalf of the minor, may contest the account as any other person having an interest might contest it, and who shall be allowed by the court for his services a reasonable compensation.
SEC. 236. The hearing and allegations of the respective parties may Auditors may be appointed. be adjourned from time to time as shall be necessary, and the court may appoint one or more auditors to examine the accounts and make report thereon, subject to confirmation, and may allow a reasonable compensation to such auditors, to be paid out of the estate of the deceased.
SEC. 237. The settlement of the account and the allowance thereof Settlement of accounts to be by the court, or upon appeal, shall be conclusive against all persons conclusive. in any way interested in the estate, saving, however, to all persons laboring under any legal disability, their rights to proceed against the executor or administrator, either individually or upon his bond, within two years after their respective disabilities shall cease, and in any action brought by any such person, the allowance and settlement of the account shall be deemed presumptive evidence of its correct
SEC. 238. The account shall not be allowed by the court until it be Proof of notice first proved that notice has been given as required by this chapter, and of accounts. the decree shall show that such proof was made to the satisfaction of the court, and shall be conclusive evidence of the fact.
debts to be paid.
SEC. 239. The debts of the estate shall be paid in the following order in which order: 1st, funeral expenses; 2d, the expenses of the last sickness; 3d, debts having preference to the laws of the United States; 4th,