due to and owned by the decedent at his death, and all his emblements and annual crops raised by labor, whether severed from the land or not at the time of his death. The inventory shall be made out in two parts, as follows: The debts, demands, stocks, and moneys shall be inventoried separately from the goods of the deceased. The inventory thereof shall be on printed blanks, furnished as hereinafter provided, and shall, as far as practicable, exhibit, in the appropriate columns under the proper headings, the number of the debt or other item, name of debtor, kind of claim, principal sum, date thereof, rate and commencement of interest, dates and amounts of credits, and appraised value. When the amount due upon the claim rests in computation, the amount due on the claim, as inventoried, shall be taken as the appraised value. If the claim is for unliquidated damages, or based upon a contract obligating the person executing the same to the performance of any thing other than the payment of money, it shall be appraised at its fair cash value, and so noted in the inventory. The claims and items inventoried as aforesaid shall be numbered in the margin of the inventory from one, upward, progressively. The goods, emblements, and annual crops aforesaid of the decedent shall be inventoried in detail, upon printed blanks furnished for that purpose as aforesaid. Such inventory shall contain printed headings for the numbers, kind, and quantity of goods and appraised value, and the items shall be numbered from one, upward, progressively. The executor or administrator shall cause the personal estate of the decedent, embraced in said inventory, to be appraised by two reputable and disinterested householders of the neighborhood, who, before proceeding to the discharge of such duty, shall take and subscribe an oath that they will honestly appraise such estate at its fair cash value; which oath shall be returned with the inventory.

1. The straw maturing upon a field (part of the widow's statutory messuage of forty acres) is not to be inventoried under this section as assets, but is hers.-Swain . Bartlow, 62 Ind. 546.

2. It is no breach of his bond that an executor has neglected to inventory goods belonging to the estate unless they have come to his knowledge.-State v. Scott, 12 Ind. 529; State v. Bennett, 24 id. 383.

3. Personal assets go to the administrator, to the exclusion of the heirs, until debts are paid.-Coquillard v. French, 19 Ind. 274; Hamrick v. Craven, 39 id. 241; Bearss v. Montgomery, 46 id. 544.

4. Growing crops upon lands devised go to the executor, and are chargeable as assets. Humphrey v. Merritt, 51 Ind. 197.

2261. Appraisement. 37. The appraisers shall, in the presence of each other and of such executor or administrator, appraise each article as specified in the inventory, at its true value, and set down opposite to each article, respectively, the value in dollars and cents, in figures.

2262. Omitted articles. 38. Where a man having a family shall die, leaving a widow or minor child, the following articles shall be omitted in making the inventory, and shall not be considered as assets, viz.:

First. All the articles of apparel and ornament of the widow and of the children of the deceased.

Second. The wearing apparel of the deceased; which shall be distributed. at the discretion of the widow, or, if there be no widow, in the discretion of the executor or administrator, among the nearest relatives, unless other. wise legally directed to be disposed of by the deceased.

Third. Bibles and school-books used in the family of such deceased.

Fourth. All the provisions on hand, provided for consumption by the family.

2263. Real estate, when included. 39. When real estate is devised to executors, or directed by the will to be sold for the payment of debts or legacies, the same shall be included in the inventory, and appraised at its true value by the appraisers.

2264. Mortgage, when assets. 40. When any mortgagee of real estate, or any assignee of such mortgagee, shall die without having foreclosed the equity of redemption or having received payment of the amount secured by such mortgage, the mortgaged premises, and the debt secured thereby, shall be considered as personal assets in the hands of his executor or administrator, and shall be administered and accounted for as such; and such executor or administrator shall have the same right to pos session of the mortgaged premises, and to bring any suit respecting the same, or for the recovery of the debt secured thereby, and to execute or carry into effect any act, or power contained in such mortgage, or in the provisions of any law, as such mortgagee or assignee could if he were alive.

2265. Mortgage, when released. 41. When, in any such case, the mortgage is redeemed, or the debt secured thereby is paid, the money shall be received by the executor or administrator, and he shall thereupon release and discharge the mortgage.

2266. Mortgaged premises, when held in trust. 42. If the mortgaged premises shall have been taken possession of, under the mortgage, by the executor or administrator or by the deceased, the executor or administrator shall hold the same in trust for the creditors, heirs, or other persons entitled to the money, upon the sale or redemption of the prem

ises.

2267. One executor, etc., may inventory. 43. Any executor or administrator, on the failure of the others named in the same letters, may make and return such inventory and appraisement; and those so failing shall not afterward interfere with the administration of the estate of the deceased, without the consent of the acting executor or administrator or leave of the Court.

2268. Specific bequest, when delivered. 44. Property specifically bequeathed may be delivered over to the legatee entitled thereto, he securing the re-delivery thereof to the executor or administrator with the will annexed, on demand, if needed for the payment of debts against the estate or for equalizing the legacies under such will, and that he will indemnify him against any damage on account of the delivery of such property to such legatee.

2269. Widow's five hundred dollars. 45. The widow of the decedent, whether he die testate or intestate, may, at any time before the sale, select and take articles therein named at the appraisement, not exceeding, in the aggregate, five hundred dollars. Each article taken by her shall be so noted on the inventory opposite the article taken, or a separate inventory may be made of the articles so taken, and returned with the general inventory. She shall execute a receipt therefor to the executor or administrator which shall be returned and filed with the inventory. If the widow fail or refuse to select and take all or any part of the articles in this section provided, she shall be entitled to the amount of the deficiency, in cash, out of

the first moneys received by the executor or administrator in excess of the amount necessary to pay the expenses of administration and of the last sickness and funeral of the deceased: Provided, That if the estate be clearly solvent, she shall be entitled to such payment out of the first moneys received by such executor or administrator. If the personal estate of the decedent be insufficient to pay the amount that may be due the widow, in cash, as aforesaid, the deficit shall constitute a lien upon the real estate of the decedent liable to sale for the payment of debts; which lien may be enforced, upon the petition of the executor or administrator, in like manner as lands of the decedent are sold for the payment of debts, and shall be superior to the lien of judgments upon said real estate rendered against the decedent.

1. The absolute statutory portion of a widow, as such, may be contracted against by the husband before his marriage.-Houghton v. Houghton, 14 Ind. 505; Rainbolt v. East, 56 id. 538.

2. Hereunder, if a widow, for any cause, fail or refuse to take articles at the appraisement to the value of five hundred dollars, she is entitled to receive that amount, or the residue thereof, in cash, from the first funds of the estate collected either from realty or personalty.-Leib v. Wilson, 51 Ind. 550.

3. The right of the widow to this allowance is independent of debts, dower, or testamentary provisions in her favor.-Cheek v. Wilson, 7 Ind. 354; Schneider v. Piessner, 54 id. 524; Nelson v. Wilson, 61 id. 255. Upon her death, unpaid, it goes to her administrator.-Bratney v. Curry, 33 Ind. 399.

4. She must pay taxes on it.-State v. City, 69 Ind. 375.

5. Judgments rendered and levied upon the decedent's lands during his life time, have priority over the widow's lien for five hundred dollars.-Mead v. McFadden, 68 Ind. 340.

6. If the wife abandon the husband, and be living in adultery at the time of his death, she forfeits it.-Owen v. Owen, 57 Ind. 291.

7. An inventory and appraisement must be made in every trust, whether the assets exceed or fall short of the amount allowable to the widow.-Pace v. Oppenheim, 12 Ind. 533.

2270. Return of inventory. 46. Such inventory and appraisement, and the inventory of the articles taken by the widow, shall, when completed, be carefully added up, and the amounts set down in the footings; and said inventories and appraisements shall be subscribed by the appraisers and such executor or administrator, and returned, by the latter, to the Clerk of the proper Circuit Court, within thirty days thereafter. The executor or administrator shall thereupon take and subscribe an oath before said Clerk, to be indorsed upon or attached to such inventories, that the same is a true and complete statement of all the personal estate of the de-· cedent which has come to his knowledge, and of the property, and appraisement thereof, taken by the widow.

2271. Examination and proceedings. 47. The Clerk of the Cir. cuit Court, in vacation, or the Judge thereof, to whom such inventory and appraisement are returned, shall immediately examine the same and indorse an approval thereon, if found correct and in proper form, and the Clerk shall file and record the same in the record kept for that purpose. If the same be found incorrect or informal, the defect shall be noted thereon, and the inventory and appraisement returned to the executor or administrator for correction; and the same, when corrected, shall be returned to the Clerk, and filed and recorded as aforesaid. [As amended by act in force March 7, 1883. S., p. 152.

2272. Separate inventories. 48. When such estate is situated in places distant from each other, the executor or administrator may make, return, and file separate inventories and appraisements for each of said places, and shall have power to select different appraisers in each case from the neighborhood in which such estate, or the greater part thereof, may be situate, to appraise the estate specified in any such inventory.

2273. Additional inventories. 49. Such executor or administrator shall make further inventories of the personal estate of such decedent, as the same may come to his knowledge, under the same regulations as provided in case of the first inventory.

1. In a suit for failure to make additional inventories, it must be alleged that know}edge of the additional assets came to the administrator or executor.-State r. Scott, 12 Ind. 329.

2274. Executor, etc., must keep copy. 50. Every executor and administrator shall make out, and retain in his possession, a duplicate of each inventory and appraisement of the personal estate made out by him and recorded as aforesaid.

[1881 S., p. 423.

SEC.

2283. Effect of assignment.

2284. Sale of contract for land.
2285. Sale and report.

12286. Bond of purchaser.

2287. Assignment of contract.
2288. Sale of part.

2289. Private sale of personalty.
2290. Clerk of public sale.

In force September 19, 1881.]

2275. Sale by executor, etc. 51. Such executor or administrator,

Immediately after filing any such inventory and appraisement, shall proceed to sell, at public auction, the personal property of the deceased not taken by the widow.

The personal estate of a decedent can only be sold in the manner provided by statute. Ramey e. McCain, 51 Ind. 496; Weyer r. Bank, 57 Ind. 198; Co. r. Robbins, 128 Ind. 449.

If the purchaser of property fails to complete the purchase, he will he responsible for the difference between his bid and the amount the property sold for at a subsequent sale. Meek. Spencer, 8 Ind. 118.

Shares of stock in an incorporated company must be sold as other personal property. Weyer r. Bank, 57 Ind. 198; Co. r. Robbins, 128 Ind. 449.

2276. Notice of sale. 52. Three weeks' previous notice of the time. and place of such sale shall be given by such executor or administrator in some public newspaper printed and published in the county in which such sale is to be made, if any newspaper be printed therein, and by posting up written or printed notices thereof at three public places in the township in which such property is to be sold: Provided, That if the amount of said personal property to be sold does not exceed one thousand dollars in value as shown by the appraisement, the same nay, in the discretion of the court, be sold upon such notice of sale as the court may prescribe. [As amended, 1901 S., p. 40. Approved February 28, 1901.

2277. Credits given - Notes. 53. A credit of not less than three nor more than twelve months shall be given in all such sales of personal property, by the executor or administrator, where the amount purchased exceeds five dollars; and notes waiving valuation and appraisement laws, and bearing six per cent interest after maturity, with sufficient sureties, shall be taken in all sales of personal estate of the deceased.

1. A sale under this section, except in cases of fraud and collusion between the administrator and the purchaser, conveys to the buyer the entire title of the decedent in the thing sold, even were such sale unnecessary.-Weyer r. Bank, 57 Ind. 198.

2278. Postponing sale - New bond. 54. Whenever it shall be advantageous to the estate, the executor or administrator may postpone the sale of all or any portion of the personal property until the first term of the Circuit Court succeeding the filing of the inventory. For the same cause the Court may, at any time after the filing of the inventory, on peti

tion of the executor or administrator and satisfactory proof, postpone the sale of all or any portion of the personal property, from time to time, for any period deemed necessary. If the sale of said property be required for the payment of debts, it shall not be postponed longer than six months after filing the inventory. No notice of the filing of such petition shall be required, nor shall the creditors or the heirs be necessary parties, but any one of either, or any legatee, may appear and contest the same. The Court may also require additional security from the executor or administrator, when necessary for the safety of the estate. When all the liabilities of the estate are paid and satisfied, it may, on petition of all the heirs and other persons entitled to distribution, be finally settled without the sale of such property by the executor or administrator.

2279. Corporation stock. 55. Whenever any portion of the estate of any person dying intestate shall consist of stock in a corporation or corporations, and when any person shall die testate owning such stock but making no disposition thereof in his will, the same shall not be sold except under the direction of the proper Court; and in the distribution of the estate of the decedent among his heirs or legatees, such stock shall be distributed and transferred to them under the direction of the Court.

2280. Annual crops. 56. The executor or administrator may defer the sale of the annual crops raised by labor, and which are not severed from the land at the time of such sale, beyond the time herein prescribed for the sale of the personal estate; and the same may be sold before or after they are severed from the land, in the mode prescribed for the sale of other personal property.

2281. Written contracts. 57. Written contracts, except for the purchase of lands in the life-time of the deceased, executed or transferred to him, obligating the person executing the performance of any thing other than the payment of money, may be sold as personal estate of the deceased. 2282. Assignment of contract. 58. When any such contract is sold, the executor or administrator shall assign and deliver the same to the purchaser thereof without recourse.

2283. Effect of assignment. 59. Such assignment and delivery shall invest all the rights to enforce or dispose of such contract or agreement in such purchaser which would have vested in him if the deceased had made such assignment.

1. The administrator of a deceased tenant, by selling and assigning the lease, does not relieve the estate from the obligation to pay the rent accruing thereon subsequent to the death of the intestate.-Carley v. Lewis, 24 Ind. 23.

2284. Sale of contract for land. 60. If any such contract was for the purchase of land, and there are payments due or to become due thereon, and the Court is satisfied, upon such executor or administrator filing his petition therefor, verified by affidavit, that it would be more to the advantage of the persons interested in such estate, that the interests of the deceased therein, under such contract, should be sold, than that the assets in the hands of the executor or administrator should be applied to the payment of such purchase-money, or that the assets are insufficient to pay the same, the Court shall order the executor or administrator to dispose of the interest of the deceased therein at public or private sale.

2285. Sale and report. 61. If such sale be ordered to be made by public outcry, notice thereof shall be given as in case of public sale of the