judgment, he must pay all costs, including defendant's fees. If executor trator neglect to give notice as the law di SEC. 168. If any executor or administrator neglects for two months after his appointment to give notice to or adminis creditors, as prescribed by this chapter, the court must revoke his letters, and appoint some other person in his rects, his apt stead, equally or the next in order entitled to the appoint ment. pointment revoked. against estate returned with inven SEC. 169. At the same term at which he is required to return his inventory, the executor or administrator must also return a statement of all claims against the estate which have been presented to him, if so required List of claims by the court; and from term to term thereafter he must present a statement of claims subsequently presented to tory. him. In all such statements he must designate the names of the creditors, the nature of each claim, when it became due or will become due, and whether it was allowed or rejected by him. SEC. 170. If there be any debt of the decedent bearing interest, whether presented or not, the executor or administrator may, by order of the court, pay the amount then accumulated and unpaid, or any part thereof, at any time when there are sufficient funds properly applicable thereto, whether said claim be then due or not; and interest shall thereupon cease to accrue upon the amount so paid. This section does not apply to existing debts, unless the creditor consent to accept the amount. CHAPTER VII. ARTICLE I.-Sales in General. Property of SEC. 171. All the property of a decedent shall be chargeable with the payment of the debts of the deceased, the expenses of administration, and the allowance to the family, except as otherwise provided in this deceased liacode and in the civil code. And the said property, personal and real, may be sold as the court may direct, in the manner prescribed in this chapter. There shall be ble for his debts. When execu tor or admin istrator may borrow mon ey to pay debts of estate. Petition in such case. decedent's es tate. no priority as between personal and real property for the above purposes. SEC. 172. In all cases the executor or administrator of an estate, instead of selling the property of the estate to pay the charges and demands against the same, may borrow money at the lowest rate of interest at which it may be had, and for such length of time the court may allow, to pay such claims, when it shall be made to appear to the court, by petition and evidence, that an immediate sale of the property of the estate will be detrimental to the heirs, devisees, legatees, or other persons having an interest therein; and in such case the estate shall be chargeable with the payment of such sum so borrowed and interest thereon. Such petition may be made by the executor or administrator, or by any one of the heirs of the deceased, or other person interested in the estate. Notice shall be given as follows: If by the executor or administrator, to all the heirs, devisees, legatees, residing in the territory; and if by any heir, devisee, or legatee, to the administrator or executor, and to all other heirs, devisees, and legatees residing in the territory, which notice shall be given as notice to creditors by an executor or administrator is required by the provisions of this act. SEC. 173. No sale of any property of an estate of a decedent is valid unless made under order of the probate Of sales of court, except as otherwise provided in this chapter. All sales must be reported under oath, and confirmed by the probate court, before the title to the property sold passes. SEC. 174. All petitions for orders of sale must be in writing, setting forth the facts showing the sale to be necessary, and, upon the hearing, any person interested in the estate may file his written objections, which must. Petition for be heard and determined. A failure to set forth the facts showing the sale to be necessary, will not invalidate the subsequent proceedings, if the defect be supplied by the proofs at the hearing, and the general facts showing the necessity be stated in the order directing the sale. order of sale the When only sale required. SEC. 175. When it appears to the court that the estate is insolvent, or that it will require a sale of all the property of the estate, of every character, to pay family allowance, expenses of administration, and debts, one order of there need be but one petition filed, but one order of sale made, and but one sale had, except in the case of perishable property, which may be sold as provided in section The probate court, when a petition for the sale of any property for any of the purposes herein named is presented, must inquire fully into the probable amount required to make all such payments, and, if there be no more estate than sufficient to pay the same, may require but one proceeding for the sale of the entire estate. In such case the petition must set forth substantially the facts required by section. ARTICLE II.-Sales of Personal Property. Case i n which the whole estate may be order ed sold. Petition by tor to sell pererty. administra sonal prop SEC. 176. At any time after receiving letters the executor, administrator, or special administrator may apply to the court or judge, and obtain an order to sell perishable and other personal property likely to depreciate in value, or which will incur loss or expense by being kept, and so much other personal property as may be necessary to pay the allowance made to the family of the decedent. The order for the sale may be made without notice, but the executor, administrator, or special administrator is respon- in sible for the property, unless, after making a sworn return and on a proper showing, the court shall approve the sale. SEC. 177. If claims against the estate have been allowed and a sale of property is necessary for their payment, or the expenses of administration, or for the payment of legacies, the executor or administrator may apply for an order to sell so much of the personal property as may be necessary therefor. Upon filing his petition, notice of at least five days must be given of the hearing of the application, either by posting notices or by advertising. He may also make a similiar applica Order for sale such case. Petition to sell part of personal property to pay debts and legacies. Interests that a s personal property. tion, either in vacation or term, from time to time, so SEC. 178. Partnership interest or interests belonging to any estate by virtue of any partnership formerly exmay be sold isting, interests in personal property pledged, and choses in action, may be sold in the same manner as other personal property, when it appears to be for the best interest of the estate. Before confirming the sale of any partnership interest, whether made to the surviving partner or to any other person, the court or judge must carefully inquire into the condition of the partnership affairs, and must examine the surviving partner, if in the county and able to be present in court. Duty of court before con firming sale of partner ship inter ests. When court must order erty. of prop sale SEC. 179. If it appears that a sale is necessary for the payment of debts or the family allowance, or for the best interest of the estate and the persons interested in the property to be sold, whether it is or is not necessary to pay the debts or family allowance, the court or judge must order it to be made. In making orders and sales for the payment of debts or family allowance, such articles as are not necessary for the support and subsistence of the family of the decedent, or are not especially bequeathed, must be first sold, and the court or judge must so direct. SEC. 180. The sale of personal property must be made at public auction, for such money or currency as the court may direct, and after public notice given for at Mode of sale least ten days, by notices posted in three public places in the county, or by publication in a newspaper, or both, containing the time and place of sale, and a brief description of the property to be sold, unless, for good reasons shown, the probate court or judge orders a pri of personal property. vate sale or a shorter notice. Public sales of such prop erty must be made at the court house door, or at the resi- ARTICLE III.—Summary Sales of Mines and Mining sale. Sale by executor or administr a tor to pay debts or legacies. Sale of min SEC. 181. When it appears from the inventory of the estate of any decedent that his estate consists, in whole or in part, of mines or interests in mines, or of shares, interests, or stocks in a mining corporation, such mines, ing interests. interests, stocks, or shares may be sold under the order of the probate court having jurisdiction of the estate, as hereinafter provided. SEC. 182. The executor, administrator, or any heir at law or creditor of the estate, any partner or member of any mining company in which interests or shares are held or owned by the estate, may file in the probate court a petition, in writing, setting forth the general facts of the estate being then in due course of administration, and particularly describing the mine, interest, or shares, which it is desired to sell, and particularly the condition and situation of the mines or mining interests, or of the mining company or corporation in which such interests or shares are held, and the grounds upon which the sale is asked to be made. SEC. 183. Upon the presentation of such petition the probate judge must make an order directing all persons Petition for sale of min ing interests of decedent. |