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thereof to be executed, and to the record of the order of confirmation in the office of the County Recorder, either by the date of such recording, or by the date, volume, and page of the record, and such reference shall have the same effect as if the orders were, at large, inserted in the conveyance. Conveyances so made convey all the right, title, interest, and estate of the decedent, in the premises, at the time of his death; if, prior to the sale, by operation of law or otherwise, the estate has acquired any right, title, or interest in the premises, other than, or in addition to, that of the decedent at the time of his death, such right, title, or interest also passes by such conveyances.

1556. (§ 173.) Before any order is entered confirming the sale, it must be proved to the satisfaction of the Court that notice was given of the sale as prescribed, and the order of confirmation must show that such proof was made.

1557. (§ 174.) If at the time appointed for the sale, the executor or administrator deems it for the interest of all persons concerned therein that the same be postponed, he may postpone it from time to time, not exceeding in all three months.

1558. (§ 175.) In case of a postponement, notice thereof must be given, by a public declaration, at the time and place first appointed for the sale, and if the postponement be for more than one day, further notice must be given, by posting notices in three or more public places in the county where the land is situated, or publishing the same, or both, as the time and circumstances will admit.

Order of

confirma

tion. what

to state.

sale may poned.

bo post

Notice of

postpone

ment.

estate

legacies.

1559. (§ 176.) When a testator has given any Sale of real legacy by will that is effectual to pass or charge the to pay title to real estate, and his goods, chattels, rights, and credits are insufficient to pay the legacy, together with

Where payment of

debts, etc.,

provided

for by will

Sale without

require

security.

his debts and the charges of administration, the executor or administrator with the will annexed may obtain an order therefor, and sell his real estate for that pur pose, in the same manner and upon the same terms and conditions as are prescribed in this Chapter in case of a sale for the payment of debts.

1560. (§ 177.) If the testator makes provision by his will, or designates the estate to be appropriated for the payment of his debts, the expenses of administration, or family expenses, they must be paid according to such provision or designation, out of the estate thus appropriated, so far as the same is sufficient.

1561. (§ 178.) When such provision has been order, may made, or any property directed by the will to be sold, the executor or administrator with the will annexed, may sell, without the order of the Probate Court, but he must give notice of the sale, return accounts thereof to the Court, and make the sale in all respects as under order of the Court, unless there are special directions in the will, in which case he must be governed thereby.

Where provision by will insufficient.

Estate sabject to

1562. (§ 179.) If the provision made by the will, or the estate appropriated therefor, is insufficient to pay the debts, expenses of administration, and family expenses, that portion of the estate not devised or disposed of by the will, if any, must be appropriated and disposed of for that purpose, according to the provisions of this Chapter.

1563. (§ 180.) The estate, real and personal, given debts, etc. by will to legatees or devisees, is liable for the debts, expenses of administration, and family expenses, in proportion to the value or amount of the several devises or legacies, but specific devises or legacies are exempt from such liability if it appears to the Court necessary to carry into effect the intention of the tes tator, and there is other sufficient estate.

tion among

1564. (§ 181.) When an estate given by will has Contribubeen sold for the payment of debts or expenses, all the legatees. devisees and legatees must contribute according to their respective interests to the devisee or legatee whose devise or legacy has been taken therefor, and the Probate Court, when distribution is made, must, by decree for that purpose, settle the amount of the several liabilities, and decree the amount each person shall contribute, and reserve the same from their distributive shares respectively, for the purpose of paying such contribution.

for

purchase of

lands may

be old,"

how.

1565. (§ 182.) If a decedent, at the time of his Contract death, was possessed of a contract for the purchase of lands, his interest in such land and under such contracts may be sold on the application of his executor or administrator, in the same manner as if he had died seized of such land, and the same proceedings may be had for that purpose as are prescribed in this Chapter for the sale of lands of which he died seized, except as hereinafter provided.

of sale.

1566. (§ 183.) The sale must be made subject to Conditions all payments that may thereafter become due on such contracts, and if there are any such, the sale must not be confirmed by the Probate Judge until the purchasers execute a bond to the executor or administrator, for the benefit and indemnity of himself and of the persons entitled to the interest of the decedent in the lands so contracted for, in double the whole amount of payments thereafter to become due on such contract, with such sureties as the Probate Judge shall

approve.

to give

1567. (§ 184.) The bond must be conditioned Purchaser that the purchaser will make all payments for such bond. land that become due after the date of the sale, and will fully indemnify the executor or administrator and

Exécutor

to assign contract.

Sales by executors or administrators

of lands under mortgage or lien.

the persons, so entitled against all demands, costs, charges, and expenses, by reason of any covenant or agreement contained in such contract.

1568. (§ 185.) Upon the confirmation of the sale, the executor or administrator must execute to the purchaser an assignment of the contract, which vests in the purchaser, his heirs and assigns, all the right, title, and interest of the estate, or of the persons entitled to the interest of the decedent, in the lands sold at the time of the sale, and the purchaser has the same rights and remedies against the vendor of such land as the decedent would have had if he were living.

1569. (§ 186.) When any sale is made by an executor or administrator, pursuant to the provisions of this Chapter, of lands subject to any mortgage or other lien, which is a valid claim against the estate of the decedent, and has been presented and allowed, the purchase money must be applied, after paying the necessary expenses of the sale, first to the payment and satisfaction of the mortgage or lien, and the residue, if any, in due course of administration. The application of the purchase money to the satisfaction of the mortgage or lien must be made without delay; and the land is subject to such mortgage or lien until the purchase money has been actually so applied. No claim against any estate which has been presented and allowed is affected by the Statute of Limitations, pending the proceedings for the settlement of the state. The purchase money, or so much thereof as may be sufficient to pay such mortgage or lien, with interest, and any lawful costs and charges thereon, may be paid into the Probate Court, to be received by the Clerk thereof, whereupon the mortgage or lien upon the land must cease, and the purchase money must be paid over by the Clerk of the Court without delay, in payment of the expenses of the sale, and in satisfaction

of the debt, to secure which the mortgage or other lien was taken, and the surplus, if any, at once returned to the executor or administrator, unless for good cause shown, after notice, to the executor or administrator, the Court otherwise directs.

of the
or lien may
purchase

His receipt

amount of

1570. (§ 186.) At any sale, under order of the The holder Probate Court, of lands upon which there is a mort- mortgage gage or lien, the holder thereof may become the pur- Pands. chaser, and his receipt for the amount due him from to the the proceeds of the sale is a payment pro tanto. If his claim the amount for which he purchased the property is payment. insufficient to defray the expenses and discharge his mortgage or lien, he must pay to the Court or the Clerk thereof an amount sufficient to pay such expenses.

1571. (§ 188.) If there is any neglect or misconduct in the proceedings of the executor in relation to any sale, by which any person interested in the estate suffers damage, the party aggrieved may recover the same in an action upon the bond of the executor or administrator, or otherwise.

a valid

Adminis executor

trator and

liable for misconduct in sale.

sales.

1572. (§ 189.) Any executor or administrator who Fraudulent fraudulently sells any real estate of a decedent contrary to or otherwise than under the provisions of this Chapter, is liable in double the value of the land sold, as liquidated damages, to be recovered in an action by the person having an estate of inheritance therein.

1573. ($ 190.) No action for the recovery of any estate, sold by an executor or administrator under the provisions of this Chapter, can be maintained by any heir or other person claiming under the decedent, unless it be commenced within three years next after the sale. An action to set aside the sale may be instituted and maintained at any time within three years from the discovery of the fraud, or other grounds upon which the action is based.

Limitation

of actions

for vacating

sale, etc.

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