Return of sale, thereto. SEC. 840. Within ten days after the sale of real property the executor or administrator shall make a return of his proceedings concern- and objections ing such sale. Upon such return any of the persons cited to appear on the application for the order of sale may file his objections to the confirmation of such sale. When sale con vacated. Resales. SEC. 841. Upon the hearing the court shall confirm the sale and decree that the executor or administrator make a conveyance to the firmed and when purchaser, unless it appear that there were irregularities in the sale, or that the sum bidden for the property is disproportionate to the value thereof, and that a sum exceeding such bid at least ten per centum, exclusive of the expenses of a new sale, may be obtained therefor, in either of which cases the court shall make an order vacating the sale and directing that the property be resold; and upon such second sale the property, or any specific portion or lot thereof, ordered to be resold shall be sold as if no previcus sale had taken place. In case no objections are made to the confirmation of the sale as provided in the section last preceding, the court shall nevertheless examine the proceedings concerning such sale, and, if it appear proper, may make the order of resale provided for in this section in the same manner and with like effect as if objections had been filed thereto. Recitals in con thereof. SEC. 842. A conveyance executed by an executor or administrator shall set forth the date of the order directing the sale, and the book, veyance and effect number thereof, and page containing the same, and the date of the order confirming the sale and directing the conveyance, and the book, number thereof, and page containing the same, and the title of the court making such orders, and shall operate to convey all the estate, right, and interest of the testator or intestate in the premises at the time of his death. When real prop SEC. 843. When a testator shall have specially bequeathed any specific article of personal property, or given any legacy by will, and erty may be sold there shall not be sufficient personal property, besides such specific to pay legacy, etc. article or the value of such legacy, to pay the funeral charges, expenses of administration, and claims against the estate, the executor or admin-· istrator shall obtain an order to sell the real property sufficient to make up the deficiency, in the manner hereinbefore provided. Sale of property SEC. 844. When the testator shall make provision in his will for the sale or disposition of all or any particular portion of his estate, for the under will. payment of funeral charges, expenses of administration, or of claims against the estate, the property so appropriated may be sold or disposed of as directed by the executor or administrator with the will annexed, without an order of the court therefor; but he shall be bound to conduct the sale and make a return thereof in all respects as if it were made by order of the court, unless there are special directions in the will concerning the manner and terms of sale, in which case he shall be governed by such directions in such respects. SEC. 845. If the provision made by the will or the property thereby Proceeding in appropriated be insufficient for the purpose intended, the remaining case property apportion of the estate may be sold for that purpose, according to the propriated insuffiprovisions of this chapter. cient. SEC. 846. The property, real and personal, given by the will to any Bequests and devisee or legatee is liable for the payment of the funeral charges, legacies, when liaexpenses of administration, and of claims against the estate; and if ble for debts. there be more than one such devisee or legatee, then in proportion to the value or amount of the several devises and legacies; except that specific devises and legacies shall be exempt from such liability, if such appear to have been the intention of the testator and there be other sufficient property to satisfy such charges, expenses, and claims. SEC. 847. If the deceased was, at the time of his death, a party to a contract for the purchase of real property, his interest in such real property by virtue of such contract may be sold in the same manner Sale of contract for the purchase of real property. made on contract. as if such contract had been executed in the lifetime of the deceased, by a conveyance to him of such property according to the legal effect and terms of such contract. Sale subject to SEC. 848. If there be any payments due, or to become due, on such payments to be contract, to the vendor of the deceased, sale is made subject thereto, and before the same can be confirmed, or the contract assigned to the purchaser, such purchaser shall execute an undertaking, with one or more sufficient sureties in an amount not less than double the value of all the payments then due or to become due, for the benefit of whom it may concern, to be void upon the condition that such purchaser will make all such payments according to the terms of such contract, and indemnify the executor or administrator or others whom it may concern, against all damages, costs, and expenses by reason of any covenant or agreement contained in such contract. Assignment of thereof. SEC. 849. The order of confirmation of such sale shall direct the contract and effect executor or administrator to make an assignment of such contract to the purchaser, which assignment shall vest in the purchaser, his heirs and assigns, all the estate, right, and interest of the deceased at the time of his death in such real property, and give to the purchaser the same rights and remedies against the vendor thereof as the deceased would have had or been entitled to if living. Order to redeem erty. SEC. 850. If the deceased left any property, real or personal, under mortgaged prop mortgage, and did not devise or provide for the redemption of the same by will, the commissioner, upon the application of the executor or administrator, or the application of an heir or creditor, or other person interested in the estate, may order the executor or administrator to redeem such property out of the proceeds of the other personal property, if it appear that such redemption would be for the interest of the estate, and not prejudicial to creditors. Order for the property. SEC. 851. If, upon such application, such redemption be deemed not sale of mortgaged proper or inexpedient, the commissioner shall order such property to be sold in like manner and with like effect as is provided in other cases of the sale of real property by this chapter; and the conveyance to the purchaser shall operate to convey to him all the estate, right, and interest which the deceased would have had in the property had not the same been mortgaged by him. Application of proceeds of sale. When mortgage commenced for that purpose. SEC. 852. Ten days before making an order for the application of the proceeds of such sale, the mortgagee or other person to whom the debt which is secured by such mortgage is payable shall be cited to appear and show the amount of his debt, and make his objections, if any, to the report of the expenses of the proceeding and sale as claimed by the executor or administrator; and thereupon the court shall order that the proceeds of the sale be first applied to the payment of the proper expenses of the proceeding and sale, and secondly, to the satisfaction of such debt, and the residue, if any, in due course of administration. SEC. 853. The three sections last preceding shall not be construed to foreclosed or suit include a mortgage which has been foreclosed, or upon which a suit has been commenced for foreclosure before the application for the order of redemption or sale is made, nor to any other lien arising upon judgment or decree given against the deceased in his lifetime. When debt not SEC. 854. If the debt secured by the mortgage mentioned in section due, how satisfied. eight hundred and fifty be not due at the time of the making of the order for redemption or application of the proceeds of sale, the party to whom it is payable shall be entitled to receive in satisfaction thereof such sum as may be ascertained to be equal to the present value thereof. Effect of order confirming sale. SEC. 855. The order of confirmation of sale in this chapter mentioned is conclusive as to the regularity of the sale and no further. All purchases of the property of the estate by an executor or admin istrator, however made, whether directly or indirectly, are prohibited, and if made are void. of the deceased. or SEC. 856. Whenever the assets of the estate are insufficient to sat- Fraudulent isfy the funeral charges, expenses of administration, and the claims void conveyance against the estate, and the deceased shall in his lifetime have made or suffered any conveyance, transfer, or sale of any property, real or personal, or any right or interest therein, with intent to delay, hinder, or defraud creditors, or when such conveyance, transfer, or sale has been so made or suffered that the same is void in law as against creditors, or when the deceased in his lifetime has suffered, consented, or procured any judgment or decree to be given against him with such intent or in such manner as to be likewise void, it is the duty of such executor or administrator to make application by petition to the com- set aside. missioner for leave to commence and prosecute to final judgment or decree the necessary and proper actions or proceedings to have such conveyace, transfer, sale, or judgment declared void, and the property affected thereby discharged from the effect thereof. SEC. 857. If upon the application it appear to such commissioner that -proceedings to -order allow the assets are insufficient for the purposes specified in the last section, ing proceedings to and that it is probable that the conveyance, transfer, or judgment was vacate. made, suffered, consented to, or procured with the intent or in the manner specified in the last section, he shall make the order directing the proceedings to be commenced and prosecuted as to any or all of the matters alleged in the petition and necessary to supply the deficiency in the assets. SEC. 858. The property recovered by means of any proceeding in Disposition of pursuance of the last two sections is to be sold and appropriated to property recovsupply the deficiency mentioned in section eight hundred and fifty- ered on such prosix in the same manner as other like property; but the right to or ceedings. interest in the surplus, if any, remains as if such proceeding had not been allowed or commenced. SEC. 859. An executor or administrator shall, within six months When filed and from the date of the notice of his appointment, and every six months what to contain. thereafter until the administration is completed and he is discharged from his trust, render an account, verified by his own oath, and file the same with the commissioner, showing the amount of the money received and expended by him, from whom received and to whom paid, with the proper vouchers for such payments, the amount of the claims presented against the estate and allowed or disallowed and the name of the claimants of each, and any other matter necessary to show the condition of the affairs thereof. Proceeding if SEC. 860. An executor or administrator who shall fail to file an account as required in the last section may be required by a citation administrator negor ordered by a commissioner to appear and do so, either upon the lect to file account. SUP R S-VOL 2-89 application of an heir or creditor, or other person interested in the estate, or without it. If the executor or administrator refuses or neglects to appear when cited, or to file the account as required, he may be punished as for a contempt, or by warrant of the commissioner be committed to close custody in jail until he consent to do so. Order for the SEC. 861. Within thirty days after the filing of the first semiannual payment of ex- account, and at each semiannual account thereafter, the commissioner penses, charges, shall ascertain and determine if the estate be sufficient to satisfy the and claims. Final account, what to contain. claims allowed by the executor or administrator, within the first six months or any succeeding period of six months thereafter, after the date of the notice of his appointment, after paying the funeral charges and expenses of administration; and if so, he shall so order and direct; but if the estate be insufficient for that purpose, he shall ascertain what per centum of such claims it is sufficient to satisfy, and order and direct accordingly. SEC. 862. When the estate is fully administered it shall be the duty when filed, and of the executor or administrator to file his final account. Such account shall be verified and contain a detailed statement of the amount of money received and expended by him, from whom received and to whom paid, and refer to the vouchers for such payments, and the amount of money and property, if any, remaining unexpended or unappropriated. Upon the filing of the final account, the commissioner shall make an order directing notice thereof to be given in the same manner as the notice of an appointment of an executor or administrator, and appoint a day not less than sixty days subsequent thereafter for the hearing of objections to such final account and the settlement thereof. Objections to made. SEC. 863. An heir, creditor, or other person interested in the estate final account, by whom, and when may, on or before the day appointed for such hearing and settlement, file his objections thereto, or to any particular item thereof, specifying the particulars of such objections; but no creditor shall be allowed to object to such account whose claim has been satisfied, as allowed by the executor or administrator or established by judgment. Decree upon final account. -effect. Administrator chargeable with amount of inventory. For what ad sponsible. SEC. 864. Upon the hearing the court shall give a decree allowing or disallowing the final account, either in whole or in part, as may be just and right; and such decree in any other action or proceeding between the parties interested or their representatives is primary evidence of the correctness of the account as thereby allowed and settled. SEC. 865. An executor or administrator is chargeable in his account with all the property of the estate which may come into his possession, at the value of the appraisement contained in the inventory, except as in this chapter otherwise provided. SEC. 866. He shall not make profit by the increase in value of the ministrator re- property of the estate, or suffer loss for the decrease in value or the destruction thereof, without his fault; and if any of the property of the estate sell for more than its appraised value he shall account for the excess, and if any such property sell for less than its appraised value he shall not be responsible for the loss, unless occasioned by his fault. He shall not be accountable for the debts due the estate if it appear that they remain uncollected without his fault. He shall not purchase any claim against the estate which he represents, and if he satisfies any such claim for less than its nominal value he is only entitled to charge in his account the sum actually paid. Expenses and compensation administrator. SEC. 867. An executor or administrator shall be allowed, in the setof tlement of his account, all necessary expenses incurred in the care, management, and settlement of the estate, including reasonable attorney's fees in any necessary litigation or matter requiring legal advice or counsel. For his services he shall receive such compensation as the law provides; but when the deceased, by his will, has made special provision for the compensation of his executor, such executor is not entitled to any other compensation for his services unless he shall, within ten days after his appointment, subscribe and file with the commissioner a written declaration renouncing the compensation provided by the will. -reduction SEC. 868. Notwithstanding the provision in the will for the compensation of an executor, if the estate be insufficient to satisfy the compensation. claims against it, the commissioner shall reduce such compensation, so far as may be necessary to satisfy such claims, to an amount equal to what the executor would have been entitled to if no such provision had been made. of Amount of com SEC. 869. The compensation provided by law for an executor or an administrator is a commission upon the whole estate accounted for by pensation. him, as follows: First. For the first thousand dollars, or any less sum, at the rate of seven per centum thereof; Second. For all above that sum and not exceeding two thousand dollars, at the rate of five per centum thereof; Third. For all above two thousand and not exceeding four thousand dollars, at the rate of four per centum thereof; Fourth. For all above the last-mentioned sum, at the rate of two per centum thereof. In all cases, such further compensation as is just and reasonable may be allowed by the commissioner for any extraordinary and unusual services not ordinarily required of an executor or administrator in the discharge of his trust. Proceedings in SEC. 870. Before the time appointed for the hearing and settlement of a final account the executor or administrator shall file with the com- case of neglect to missioner a copy of the notice thereof, with the proper proof of its file final account. puocation or posting as directed. An executor or administrator who shall fail to file his final account as provided in section eight hundred and sixty-two may be proceeded against in like manner and with like effect as provided in section eight hundred and sixty in case of failure to file a semiannual account. SEC. 871. Whenever a debtor of a deceased person is unable to pay all his debts, an executor or administrator, by an order of the commissioner, may compound with him and give him a discharge upon receiving a fair and just proportion of his effects; but if such compounding is procured or produced by the fraudulent representations or conduct of such debtor, such payment shall only operate to discharge a like amount of the debt. Administrator may compound for debt due estate. 874. How judgment or decree satisfied when given in lifetime of deceased. 875. If estate insufficient, payment to be in proportion. 876. Funeral charges, who may incur and when allowed. 877. Administration may retain compen- 878. Debts not due or contingent. Notice and proceedings thereon. 885. Application for decree to refund. Order of pay SEC. 872. The charges and claims against the estate which have been presented and allowed, or presented and disallowed but subsequently ment of charges established by judgment within the first six months after the date of and claims. |