personal property; but if it be ordered to be private, no such notice shall be necessary; and, in such case, such contract shall not be sold for less than its appraised value; and a return of such sale, whether public or private, shall be made at the next term of such Court, when it shall be confirmed, unless it shall appear to have been fraudulently made or that a sum exceeding ten per cent. on the amount bid can be obtained, in which case it shall be vacated and a new sale ordered.

2286. Bond of purchaser. 62. Such sale shall be made subject to all payments due or to become due, and shall not be confirmed by the Court until the purchaser shall execute a bond to such executor or administrator, for his indemnity and the indemnity of the persons entitled to the interest of the deceased in such land, in a penalty of double the whole amount of such payments, with condition that such purchaser will make all payments subject to which such sale has been made, and will fully indemnify the executors and administrators of the deceased and the persons so entitled, against all demands by reason of any covenant or agreement contained in such contract so sold, or by reason of any other liability of the deceased, on account of the purchase of such land, and against all the covenants and agreements of the deceased with the vendor of such land, in relation thereto.

2287. Assignment of contract. 63. When such sale shall be confirmed, the Court shall direct the executor or administrator to execute an assignment of such contract to the purchaser; which assignment shall vest in such purchaser all the title of the persons having the right to the interest of the deceased in the land, thus sold, at the time of sale; and such purchaser shall have the same remedies against the vendor of such land as the deceased would have had if he were living.

2288. Sale of part. 64. If, in the opinion of the Court, a part of such land may be sold advantageously to the estate of the deceased, so that the moneys arising from such part will pay the amount of the purchase-money due or to become due therefor, such Court may order a part only of such land to be sold; and, in that case, the purchaser need not execute bond as hereinbefore required.

2289. Private sale of personalty. 65. Whenever the Circuit Court shall be satisfied that it would be for the advantage of such estate to sell any part of the personal property thereof at private sale, such Court may authorize the executor or administrator to thus sell the same; but such property shall in no case be sold for less than its appraised value, nor shall such executor or administrator become the purchaser thereof; and a return of such sale shall be made within the time prescribed by the Court, not to extend beyond three months, and cash or notes shall be taken for the purchase-money as in case of public sale of the personal property of the deceased: Provided, however, that if the court shall find upon inquiry that in any particular case it is to the interest of the estate to make such sale upon a credit of more than twelve months it shall so direct and order and fix such terms of credit as to it shall seem fit and proper. [As amended, 1891 S., p. 14. In force February 4, 1891.

1. A private sale of personal property may be had after a public sale of the same, where the bidder does not take what he bought; and he may be sued for the difference between the amount of his bid and that brought at the private sale.Meek v. Spencer, 8 Ind. 118.

2. The statute requires all sales o real estate to be reported to and approved by the Court; and the rule is the same with respect to a private sale of personalty. The purchaser, in either case, can acquire no title until the sale be confirmed.Williams v. Perrin, 73 Ind. 57.

2290. Clerk of public sale. 66. An executor or administrator, mak

ing a public sale of personal property, shall select a clerk to keep an account thereof, who shall not be related to him or interested in the estate; he shall be furnished, by the executor or administrator, with a copy of the inventory of the property to be sold, and shall keep a minute of each article sold, the number thereof on the inventory, to whom and for how much sold, the amount of cash paid by each purchaser, and names of sureties taken on notes; he shall, on completion of the sale, make out, on printed blanks prepared for that purpose, a sale bill thereof, which shall specify the time, place, and terms of sale, the different articles sold, prices thereof, amount of cash paid, and names of purchasers and sureties; the articles shall be arranged in the sale bill [in] numerical order, in which they appear on the inventory, and opposite each article on the margin shall be noted the number it bears on the inventory; if any of the articles named in the inventory, and subject to sale, remain unsold, the clerk of the sale shall subjoin to the sale bill a list thereof, in the order in which the[y] appear on the inventory, noting in the proper columns opposite each article the number and appraisement thereof, as shown on the inventory; the sale bill and subjoined list shall be correctly added up and the footings noted on each; the clerk of the sale shall, thereupon, take and subscribe an oath, to be indorsed upon or attached to the sale bill, that the sale bill and subjoined list, if any, contained a true and complete account of the sale of the personal property of the deceased, by the executor or administrator, and of the articles remaining unsold, as shown by the inventory, the sale bill and subjoined list shall then be returned to the Clerk of the Court in which the estate is pending, whereupon like proceedings shall be had as upon the return of an inventory and appraisement. [As amended by act in force March 7, 1883. S., p. 752.

2291. Suits, what for. 67. Every executor or administrator shall have full power to maintain any suit in any Court of competent jurisdiction, in his name as such executor or administrator, for any demand of whatever nature due the decedent in his life time, for the recovery of possession of any property of the estate, and for trespass or waste committed on the estate of the decedent in his life time; but he shall not be liable, in his individual capacity, for any costs in such suit, and shall have power, at his option, to examine the opposite party, under oath, touching such demand; but evidence, thus obtained, shall not afterward be used in any prosecution against such party.

2292. Profert of letters. 68. In any suit contemplated by the preceding section, it shall not be necessary for such executor or administrator to make profert of his letters, nor shall his right to sue as such executor or

administrator be questioned, unless the opposite party shall file a plea denying such right, with his affidavit to the truth thereof thereunto attached; in which case, a copy of the letters issued to such executor or administrator, duly authenticated, shall be all the evidence necessary to establish such right.

1. The right of a plaintiff to sue as executor or administrator can not be questioned except by a sworn answer in abatement.-- Nolte v. Libbert, 34 Ind. 163.

2293. No abatement. 69. If, at the time any executor or administrator shall die, resign, or be removed, any suit or proceeding be pending in any Court, in which his name, in his fiduciary capacity, is used, such suit or proceeding shall not abate or be discontinued, but the same shall be prosecuted or defended by the remaining executor or administrator, if there be one, or by his successor, the name of such survivor or successor being substituted in such suit or proceeding instead of that of the executor or administrator whose authority has ceased; nor shall such suit or proceeding be continued to another term on account of such death, unless at the option of such survivor or successor. 2294. Appeal - Execution. 70. Any executor or administrator shall have power to prosecute any writ of error or appeal taken by the testator or intestate or by his predecessor, and may have execution and other legal process issued on any judgment obtained by the testator or intestate or by his predecessor in the trust, without reviving the same by scire facias or any other notice to the judgment-defendant.

1. The administrator of a deceased judgment-creditor may have execution thereon without reviver, or he may have it revived.-Wyant v. Wyant, 38 Ind. 48; Armstrong v. McLaughlin, 49 id. 370.

2. So with a foreign executor. Jeffersonville, etc., R. R. Co. v. Hendricks, 41 Ind. 48; Thomasson v. Brown, 43 id. 203.

2295. Executor of executor. 71. An executor of an executor shall have no authority to commence or maintain any action or proceeding relating to the estate or rights of the testator of the first executor, or to take control thereof as such executor.

2296. Foreign executor or trustee. 72. When a will is executed in another State or country, and admitted to record in this State, the executor or administrator with the will annexed, and any trustee appointed by such will or by any Court of this State to perform any duty or carry into effect any trust created by such will, shall have all the rights, powers, and authority, and shall be subject to the same liabilities respecting their respective duties and trusts, as executors, administrators with the will annexed, and. trustees under wills duly executed and admitted to probate in this State. 2297. Foreign executor, etc. 73. The Courts of this State shall, in all such cases, have the same jurisdiction and powers over the appointment, filling vacancies, requiring sureties, and enforcing, directing, and restraining the performance and execution of the duties and trusts of such executors, administrators with the will annexed, and trustees, as are given to such Courts respecting the same matters arising under wills duly executed and admitted to probate in this State.

2298. Foreign executor-Right to sue. 74. A non-resident executor or administrator duly appointed in any other State or country may commence and prosecute any suit in any Court of this State, in his capacity of executor or administrator, in like manner and under like restrictions

as a resident; and a copy of his letters, duly authenticated in like manner as provided in this Act, being produced and filed in the Court in which such suit is brought, shall be sufficient evidence of his due appointment: Provided, That he shall give bond for costs under the laws regulating the maintaining of suits by non-resident citizens.

2299. Collecting - Compounding - Buying and selling. 75. Every executor and administrator shall proceed with diligence to collect the debts and demands due the estate of the deceased. Where the interests of the estate may be promoted thereby, the Court, or Judge thereof in vacation, may order the executor or administrator to compound debts, and to buy in property, either personal or real, at sales under execution, in favor of the estate. The executor or administrator shall make report to the Court of all such purchases, under oath. If personal property be bought in, it shall be sold, and return thereof made, as in case of sales of the personal estate of the decedent. If real estate be bought in, the certificate of purchase or Sheriff's deed shall be made to the executor or administrator in trust, for the persons interested in the estate. If real estate be bought in, and it shall become necessary to sell the same for the payment of debts, the real estate, or the certificate of purchase thereof, may, upon the ex parte petition of the executor or administrator, and without notice thereof or additional bond, be ordered sold upon such terms and after such notice as the Court may direct. Such real estate or certificate of purchase shall be sold to the highest bidder; and upon report and confirmation of the sale, the Court shall order an assignment of the certifi cate or the execution of a deed to the purchaser. If it be shown to the Court by the executor or administrator that the personal assets of the estate in his hands are amply sufficient, without making such sale, to pay the debts and liabilities of such estate, the Court may order him to assign the certificate or convey the land, as the case may be, to the heirs, devisees, and legatees of the deceased, to be held by them in the same proportions in which the personal estate of the decedent would be distributed to them, respectively, at law or under the will of the deceased. When real estate shall be bought in as aforesaid, the executor or administrator shall be liable therefor and for the proceeds thereof, in like manner as if the same had been personal property.

2300. Concealing goods. 76. Upon complaint made to the Court by any executor or administrator, under oath, against any one suspected and believed to have concealed, converted, or conveyed away any of the goods of the deceased, such Court may cite such person to appear before it and to be examined, on oath, upon the matter of such complaint; and if the person thus cited shall refuse to appear and to answer such such interrogatories as shall be lawfully propounded to him, the Court may commit such person, upon order of attachment, to the jail of the county, until the interrogatories propounded by the Court shall be answered on oath; and all such interrogatories and the answers thereto shall be in writing, and signed by the party examined, and filed in such Court.

2301. Compounding desperate debts. 77. Where any debtor of a deceased person shall be unable to pay the whole or any part of the demand or claim of such person, or is insolvent or in doubtful circumstances, or where any legal or equitable defense is alleged against such debt or claim, the executor or administrator, with the approbation of the proper Circuit

Court, or Judge thereof in vacation, may compound with such debtor, and give him a discharge, upon receiving the avails agreed upon in such compounding or upon the payment of the same being sufficiently secured.

2302. Filing desperate claims. 78. Whenever any debt or demand due to the decedent is desperate on account of the insolvency or doubtful circumstances of the debtor; or any legal or equitable defense is alleged against the same, on account of which it may not be deemed expedient to prosecute an action against such debtor; or whenever, by reason of the remoteness of the place of residence of any debtor or the ignorance of the executor or administrator of his place of residence, and the smallness of such debt or claim and the uncertainty of collecting the amount thereof, and that the attempt to collect the same would tend to injure and prejudice such estate, the executor or administrator, with the approbation of the Circuit Court, may file the same in said Court, for the benefit of the creditors, heirs, and legatees of such deceased.

2303. Worthless sale-notes. 79. Where an executor or administrator shall take a note or obligation of a purchaser of personal estate of the deceased, with surety for the payment of the purchase-money, and the persons executing such note or obligation become insolvent and unable to pay the same or any part thereof before the same falls due or can be collected, the Circuit Court may allow such executor or administrator a credit for the amount thereof or so much as may remain unpaid, if he shall show, to the satisfaction of the Court, that he used due care and caution in taking such note or obligation and that the surety or sureties were solvent at the time of executing the same; also that due diligence has been used to collect the amount due thereon. Such claim shall be filed in Court, for the use of the creditors, heirs, and legatees of the deceased.

2304. Suit on worthless notes. 8o. Any creditor or legatee whose debt or legacy, in whole or in part, remains unpaid, and any person entitled to share in the distribution of the estate, may sue for and recover such claim thus filed.

2305. Proceeds, how applied. 81. The amount thereof, when collected, shall be paid into the proper Circuit Court, and shall be applied, firstly, to the payment of debts; secondly, to the payment of legacies; thirdly, to be distributed to those entitled to distribution, according to their respective rights.

2306. Compensation of party suing. 82. The person collecting such claim shall be entitled to retain therefrom all necessary costs and such sum as the Court shall adjudge a reasonable compensation for his services in collecting the same.

2307. Party suing must give bond. 83. Before any person shall receive from the Clerk, having the same in custody, the note, bond, obligation, security, or account on which such claim is founded, for the purpose of commencing such suit thereon, he shall execute bond, payable to the State of Indiana in a penalty of double the amount of such claim, with sufficient approved sureties, with condition that he will faithfully account for and pay into Court all sums by him collected on such claims.

2308. Suit, how brought. 84. Any such person entitled to sue thereon may bring and maintain suit for the recovery of such debt or claim in the name of the executor or administrator of the estate of the deceased, or, otherwise, for his own use; but such executor or administrator shall not