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the clerk of the probate court, to which the return of sale must be made, at any time after the first publication of the notice and before the making of the sale.

If it is shown that it will be for the best interest of the estate, the court or judge may, by an order, shorten the time of notice, which shall not, however, be less than one week, and may provide that the sale may be made on or after a day less than fifteen but not less than eight days from the first publication of the notice of sale, and the sale may be made to correspond with such order.

Confirmation of sale of real estate sold at

SEC. 199. No sale of real estate at private sale shall be confirmed by the court unless the sum offered is at least ninety per cent of the appraised value thereof, nor unless such real estate has been appraised within one. year of the time of such sale. If it has not been so appraised, or if the court is satisfied that the appraise- private sale. ment is too high or too low, appraisers must be appointed and they must make an appraisement thereof in the same manner as in the case of an original appraisement of an estate. This may be done at any time before the sale or confirmation thereof.

If sold

on

SEC. 200. The executor or administrator must, when the sale is made upon a credit, take the notes of the credit securipurchaser for the purchase money, with a mortgage on the property to secure their payment.

SEC. 201. The executor or administrator, after making any sale of real estate, must make a return of his proceedings to the probate court, which must be filed in the office of the clerk at any time subsequent to the sale, either in term or vacation. If the sale is made at public auction and the return made and filed on or before the first day of the next term thereafter, no notice is required of such return, or of the hearing thereof, but the hearing may be had upon the first day of the term, or any subsequent day to which the same may be postponed. If the sale be not made at public auction, or, if made at public auction, a hearing upon the return of

ty to be taken

Report of sale

to be made probate

and filed in

court.

Hearing of report of sale.

Notice of hearing.

proceedings be asked for in the return, or is brought on for a hearing upon a day before the first day of the next term after such sale, the court or judge must fix the day for the hearing, of which notice of at least ten days must be given by the clerk, by notices posted in three public places in the county, or by publication in a newspaper, or both, as the court or judge shall direct, and must briefly indicate the land sold, the sum for which it was sold, and must refer to the return for further particulars. Upon the hearing the court must examine the return and witnesses in relation to the same, and if the upon hear proceedings were unfair, or the sum bid disproportionate to the value, and that a sum exceeding such bid, at least ten per cent exclusive of the expenses of a new sale, may be obtained, the court may vacate the sale and direct another to be had, of which notice must be given, and the sales in all respects conducted as if no previous sale had taken place. If an offer of ten per cent more in amount

Duty of court ing.

Order of resale.

When in dis

cretion of

court to con

firm

than that named in the return be made to the court in writing by a responsible person, it is in the discretion of the court to accept such offer and confirm the sale to such person, or to order a new sale.

SEC. 202. When return of the sale is made and filed, Objections by any person interested in the estate may file written obperson interjections to the confirmation thereof, and may be heard thereon when the return is heard by the court or judge, and may produce witnesses in support of his objections.

ested

firmation of

sale.

Order of court confirming sale.

SEC. 203. If it appears to the court that the sale was legally made and fairly conducted, and that the sum bid was not disproportionate to the value of the property sold, and that a greater sum as above specified cannot be obtained, or if the increased bid mentioned in section 201 be made and accepted by the court, the court must make an order confirming the sale and directing conveyances to be executed. The sale from that time is confirmed and valid, and a certified copy of the order condeemed firming it and directing conveyances to be executed, must be recorded in the office of the recorder of the county

When sale

valid.

within which the land sold is situated. If, after the confirmation, the purchaser neglects or refuses to comply with the terms of sale, the court may, on motion of the executor or administrator, and after notice to the purchaser, order a re-sale to be made of the property. If the amount realized on such re-sale does not cover the bid and expenses of the previous sale, such purchaser is liable for the deficiency to the estate.

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Of the con

SEC. 204. Conveyances must thereupon be executed to the purchaser by the executor or administrator, and they must refer to the orders of the probate court authorizing and confirming the sale of the property of the estate, and directing the conveyances thereof to be executed, veyance to and to the record of the 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 references shall have the same effect as if the order were at large inserted in the conveyance. Conveyances so

purchaser.

conveyed.

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 of the title 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 conveyance.

SEC. 205. 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.

SEC. 206. 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.

What to be

proven before firmation

order of con

entered.

is

Postponement of sale.

Notice in case

SEC. 207. In case of a postponement, notice thereof must be given by public declaration at the time and of postponeplace first appointed for the sale, and if the postpone

ment of sale.

Will to be fol

lowed as to

payment

of

debts and

family expenses.

When prop

erty may be

sold without

order of pro

bate court.

ment 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.

SEC. 208. 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.

SEC. 209. When property is directed by the will to be sold, or authority is given in the will to sell property, the executor may sell any property of the estate without the order of the probate court, and at either public or private sale, and with or without notice, as the executor may determine; but the executor must make return of such sales as in other cases; and if directions are given Report of sale in the will as to the mode of selling, or the particular property to be sold, such directions must be observed. In either case no title passes unless the sale is confirmed by the court.

in such case.

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SEC. 210. 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.

SEC. 211. The estate, real and personal, given 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 testator, and there is other sufficient estate.

Contribution

by legatees or devisees for

debts or exestate.

penses of

SEC. 212. When an estate, given by will, has been sold for the payment of debts or expenses, all the 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 court same from their distributive shares respectively for the purpose of paying such contribution.

Decree of as to contribution.

purchase of lands made by decedent

SEC. 213. If a decedent, at the time of his 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 adminis- Contract for trator, in the same manner as if he had died seized of such lands, and the same proceedings may be had for may be sold. that purpose as are prescribed in this chapter for the sale of lands of which he died seized, except as hereinafter provided.

SEC. 214. The sale must be made subject to 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.

SEC. 215. The bond must be conditioned that the purchaser will make all payments for such land that become due after the date of the sale, and will fully indemnify the executor or administrator and the persons so entitled against all demands, costs, charges, and expenses, by reason of any covenant or agreement contained in such contract.

SEC. 216. Upon the confirmation of the sale the executor or administrator must execute to the purchaser

Provisions

under which

sale under preceding

section to be

made.

Bond of purchaser under preceding section.

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