2839. Claims of executors and administrators. The court may order an administrator to bring a suit in his administrative capacity against himself as an individual, and may appoint an attorney to represent the interests of the estate. Powell v. Jackson, 60 App. 597, 111 N. E. 208. Under this section the probate court has authority to appoint a practicing attorney to represent the decedent's estate to which the administrator owes a note in his personal capacity. Powell v. Jackson, 60 App. 597, 111 N. E. 208. This section will be construed with section 2828, and in view thereof a special representative must be appointed to contest a claim filed by an executor, which occurred subsequent to the decedent's death. Nation v. Green, App., 114 N. E. 895. 2842. Transfer for trial, pleadings, new trial. On the trial of claims against the estates of decedents, the claimant must prove the execution by the decedent of the obligation sued on without a plea being filed denying the execution of the instrument. Deeter v. Burk, 59 App. 449, 107 N. E. 304. Under this section proof of all defenses, except set-off and counterclaim, is admissible under the general denial in proceedings to enforce a claim against a decedent's estate. Columbia Nat. Bank v. Miller, App. 120 N. E. 711. 2843. Trial and judgment. The rules of procedure in civil cases should be followed, when applicable, in the prosecution of claims against decedents' estates, where the statute does not specify the practice in the trial of such claims. Leslie v. Ebner, 117 N. E. 511. App. In the prosecution of claims against decedents' estates, motions for new trials may be made as in civil cases. Leslie v. Ebner, App. - 117 N. E. 511. 2847. Proceedings to enforce liens suspended. Suits to enforce liens against the estates of decedents can not be maintained until the expiration of a year from the death of the decedent. Home Nat. Bank v. People's State Bank, 49 App. 13, 96 N. E. 710. After the expiration of a year from the death of a person a suit to foreclose a mortgage upon real estate may be brought against the heirs or devisees of the decedent, and the executor of his will, or administrator of his estate should be made a party to the suit, but if they are not made parties the judgment of foreclosure is not invalid and subject to a collateral attack. White v. Suggs, 56 App. 572, 104 N. E. 55. SEC. ARTICLE 9.-SALE OF REAL ESTATE TO PAY DEBTS. SEC. 2874. Report, confirmation, conveyance. 2877. Sales under will. 2889. Bond to prevent sale, etc. 2848. When allowed. When land purchased by a person under an agreement that other persons may acquire an interest in the land by paying part of the purchase money, is liable to be sold by the administrator of the estate of the purchaser to pay his debts. Aylesworth v. Aylesworth, 184 Ind. 80, 109 N. E. 750. Under this section and sections 2927, 3025, 3027, a surviving spouse is not entitled to all the personal property remaining after payment of debts and expenses of the deceased husband, since both his personal and real property must have amounted only to $1,000 regardless of the balance remaining after administration. Quirk v. Kirk, 64 App. 496, 114 N. E. 109. See note to section 3027. 2850. Fraudulent conveyances. In actions by administrators to set aside conveyances of land made by the decedent as being fraudulent, it is necessary to be alleged and proved that the decedent did not have other property sufficient to pay his debts. Larch v. Holz, 53 App. 56, 101 N. E. 127. 2854. Requisites of petition-Parties. Under this section, a lienholder whose claim and lien are undisputed was held a proper and necessary party, where it is sought to bind him by a judgment to sell the land free from the lien. Nation v. Green, App., 114 N. E. 895. A petition by an administrator for the sale of property to pay debts is sufficient if substantially complying with this section. Globe Mercantile Co. v. Perkeypile, Ind., 125 N. E. 29. Under this section in a petition for the sale of realty for payment of decedent's debts, the heir or devisee is not a necessary but a proper party. Globe Mercantile Co. v. Perkeypile, Ind. 125 N. E. 29. 2860. Who may be admitted as parties. Under this section any person not a party to the petition for sale of property to pay debts may be admitted as a party and set up any interest in or lien on the land. Globe Mercantile Co. v. Perkeypile, Ind., 125 N. E. 29. 2874. Report, confirmation, conveyance. Sales of lands made by executors or administrators are not fully consummated until they are reported to and confirmed by the court. Beeson v. Pierce, 51 App. 201, 98 N. E. 380. Purchasers of land at sales made by executors or administrators under orders of courts must take notice that no greater interest in the land can be sold than that possessed by the decedent at the time of his death, and any representations made by the executor or administrator as to the title to the land is not binding upon the estate unless such representations are authorized by the court ordering the sale. Beeson v. Pierce, 51 App. 201, 98 N. E. 380. 2877. Sales under will. It may be provided by a will that land may be sold by the executor without his procuring an order of court, or filing a bond or having an appraisement of the land made. Ackerman v. Fichter, 179 Ind. 392, 101 N. E. 493. 2889. Bond to prevent sale, etc. The only way to prevent an order for sale by executors, where it is not contended that undisputed claims do not exceed the personal property, is by compliance with the provisions of this section. Nation v. Green, App. 114 N. E. 895. SEC. ARTICLE 10.-CONVEYANCE UPON TITLE-BOND. 2897. Petition by executor or adminis trator. - 2897. Petition by executor or administrator. This section makes it the duty of an executor of a deceased lessor, where the lessee has indicated a desire to exercise his option to purchase the premises, and doubt exists as to when the money should be paid, to file a petition for appointment of a commissioner to make the conveyance and receive the purchase-money. Thomas v. Heddon, 186 Ind. 48, 114 N. E. 218. SEC. ARTICLE 11.-PAYMENT OF DEBTS AND LEGACIES. 2901. Order of paying debts. 2901. Order of paying debts. SEC. 2904. Legacies, when paid. In view of this section giving priority to expenses of administration an attorney employed in cause of administratrix for wrongful death of decedent had ample legal remedy and could not enforce equitable lien on half of proceeds of judgment in hands of administratrix, the other half having been withdrawn by other attorneys of the case. Durre v. Sturgeon, App. 122 N. E. 341. 2904. Legacies, when paid. When a will does not specify when a legacy shall be paid, and there is no application for payment before the expiration of a year after the granting of letters, interest on the legacy should not be allowed until after the expiration of a year from the death of the testator. Stimson v. Rountree, 51 App. 207, 99 N. E. 439. In view of this section, where a will directs that at the death of a life tenant the land shall be sold and the proceeds divided among certain persons, the power of sale by the executor is not to be inferred, since it is a mere naked power not coupled with an interest. Aldred v. Sylvester, 184 Ind. 542, 111 N. E. 914. 2925. Setting aside settlement. The report of a guardian who resigned before settlement of the estate, although approved by the court, is not a final settlement, and the time within which to present error in partial report is under section 2926 at the time of the final settlement. Lucker v. Kelley, App., 113 N. E. 759. [Acts 1919, p. 489. In force May 15, 1919.] 2943. Widow's petition, appraisement of estate.-193. If the widow of a decedent, or any one in her behalf, shall file a petition in the proper clerk's office, that the estate of such decedent, real and personal, is not worth over five hundred dollars ($500), exclusive of mortgages, bona fide liens or other incumbrances, such clerk shall select one (1) disinterested householder of the county, and such widow on her part another, as appraisers, who shall proceed to inventory and appraise each solvent demand due the deceased, and each article of personal estate, other than those exempt by law from administration, and each tract of real estate, which inventory and appraisement they shall return to such clerk's office, when such clerk shall cause them to take and subscribe an oath that such appraisement is a true valuation of all the personal and real estate of the decedent exhibited to them. And the widow shall take and subscribe and [an] oath, to be filed with such inventory, that it contains, to the best of her knowledge and belief, a true and complete statement of the personal and real estate owned by the decedent at his death, other than the articles by law exempt from administration. This section amends section 2943 Revision of 1914. The property given by law to a widow when the estate left by her husband does not exceed five hundred dollars in value, is not taken by her by any law of descent, and she is not deprived of such property because she has been convicted of the death of her husband. In re Mertes' Estate, 181 Ind. 478, 104 N. E. 753. 2944. Duty of clerk, notice, hearing.-194. Upon the return of such inventory, if the value of such estate does not exceed five hundred dollars ($500), exclusive of mortgages, bona fide liens or other incumbrances, the clerk shall not issue letters, but shall continue further proceedings in the premises until the next term of the court thereafter; when the court, if no opposition be made thereto, as provided in the next section, shall enter a decree vesting in the widow all the title and interest of the decedent in such estate at his death, and directing that no letters issue thereon: Provided, That should the next succeeding term of the circuit court not commence within fiftyone (51) days from the date of the filing of such inventory, such widow may cause a brief notice of her claim and the filing of such inventory to be published for three successive weeks in some newspaper published in such county and of general circulation in the township where deceased resided at the time of his death; or she may give such notice by posting one copy of such notice at the door of the court house where such claim is pending, and one at each of three (3) public places in the township where deceased resided at the time of his death, which notice shall be published or posted in the week following the filing of such inventory, and shall give the date, not less than fifty-one (51) nor more than sixty (60) days from the filing of such inventory on which the decree vesting such property in the widow will be entered. This section amends section 2944 Revision of 1914. 2945. Creditors contesting, reappraisement.—195. Any creditor, heir or legatee of such decedent may, at such succeeding term of court or within fifty (50) days after the filing of such inventory, file in the proper court his verified petition contesting any of the material facts set forth in such inventory and appraisement, thereby showing that the said estate was improperly valued and that estate was of a value in excess of five hundred dollars ($500), exclusive of mortgages, bona fide liens or other incumbrances, or that property of said estate was not included in the inventory, which, if properly valued, would make the value of the estate in excess of five hundred dollars ($500), exclusive of mortgages, bona fide liens or other incumbrances; in such case the court shall appoint two (2) other disinterested householders of the county, who shall proceed to re-appraise said estate under the same regulations as in the case of the first appraisement and shall make report thereof within ten (10) days unless for good reason longer time be given; and if said appraisers find such estate not to be worth over five hundred dollars ($500), exclusive of mortgages, bona fide liens or other incumbrances, such proceedings shall be dismissed at the cost of the petitioner. And if, at any time, any executor or administrator shall discover that the whole estate of the decedent is not worth over five hundred dollars, exclusive of mortgages, bona fide liens or other incumbrances, and the widow of the deceased be living and entitled to share in his estate, he shall so report to the court, when, after deducting expenses of administration, the court shall enter a decree vesting the whole of such estate in the widow and for the delivery to her of all assets of the estate in the hands of such administrator or executor and the revoking of their letters. This section amends section 2945 Revision of 1914. 2946. Certificate and its effect. When an estate of not over five hundred dollars is set off to a widow, she takes the same free of a judgment rendered against the husband for a tort, although an execution was issued on the judgment before the death of the husband. Turner v. Hammerle, 53 App. 437, 101 N. E. 827. SEC. ARTICLE 16.-LIABILITY OF HEIRS AND DEVISEES. 2965. Liability of heirs, devisees and distributees. 2965. Liability of heirs, devisees and distributees. If the surety on a bond dies, and there is no administration upon his estate, an action will not lie against his heirs because they inherited property from him, |