When partition of reversion may be made. When Court may appoint Agent for non-resident. Agent to give (3011.) SEC. 21. When the term of a widow entitled to dower or other life estate in the lands of a deceased person shall expire, the reversion may be assigned to the persons. entitled to the same, and partition thereof be made, in the manner prescribed in this chapter in relation to other estates of deceased persons. (3012.) SEC. 22. When any estate shall be assigned by decree of the Court, or be distributed by Commissioners, as provided in this chapter, to any person residing out of this State, and having no agent therein, and it shall be necessary that some person should be authorized to take possession and charge of the same, for the benefit of such absent person, the Court may appoint an agent for that purpose, and authorize him to take charge of such estate, as well as to act for such absent person in the partition and distribution. (3013.) SEC. 23. Such agent shall give a bond to the Judge of Probate, to be approved by him, faithfully to manage and account for such estate, before he shall be authorized to receive the same, and the Court appointing such agent may allow a reasonable sum out of the profits of the estate for his services and expenses. Chapter Seventy-Five of Revised Statutes of 1846. how taken. (3014.) SECTION 1. All bonds, required by law to be taken Probate Bonds, in or by order of the Probate Court, shall be for such sum, and with such sureties as the Judge of Probate shall direct, except when the law otherwise prescribes; and such bonds shall be for the security and benefit of all persons interested, and shall be taken to the Judge of Probate, except where they are required by law to be taken to the adverse party. be brought by of Executor, etc. (3015.) SEC. 2. A suit may be brought on the bond of any When suit may executor or Administrator by any creditor, when the amount Creditor on Bond due to him has been ascertained and ordered by the decree of distribution to be paid, if the executor or Administrator shall neglect to pay the same when demanded. be brought by (3016.) SEC. 3. Such a suit may be brought by any person When suit may as next of kin, to recover his share of the personal estate, next of kin. after a decree of the Probate Court declaring the amount due to him, if the executor or Administrator shall fail to pay the same when demanded. authorize any to bring suit. (3017.) SEC. 4. When it shall appear, on the representation When Court may of any person interested in the estate, that the executor or person interested Administrator has failed to perform his duty in any other particular than those before specified, the Judge of Probate may authorize any creditor, next of kin, legatee or other person aggrieved by such mal-administration, to bring an action on the bond. etc., shall refuse Bond may be (3018.) SEC. 5. Whenever an executor or Administrator When Executor, shall refuse or omit to perform any order or decree made by a to perform order, Judge of Probate having jurisdiction, for rendering an account, sued. or upon a final settlement, or for the payment of debts, legacies, or distributive shares, such Judge of Probate may cause the bond of such executor or Administrator to be prosecuted, and the moneys collected thereon shall be applied in satisfaction of such order or decree, in the same manner as such moneys ought to have been applied by such executor or Administrator. be in the name of (3019.) SEC. 6. In all suits upon such bonds, the writ and Suits on Bonds to proceedings shall be in the name of the Judge of Probate, and Judge of Probate. when the action is brought for the benefit of any particular person as creditor, next of kin, or legatee, as provided in this chapter, the execution shall express that it is for the use of When Judge may grant permission to sue Bond. Judgment in suit for benefit of sons. such creditor, next of kin, or legatee, and in such case the person for whose use the action is brought shall be deemed the plaintiff. (3020.) SEC. 7. On the application of any person authorized by this chapter to commence a suit on such bond, the Judge of Probate may grant permission to such person to prosecute the same, and shall thereupon furnish to the applicant, on his paying the legal fees, a certified copy of the bond, together with a certificate that permission has been granted to prosecute it, and the name and residence of the applicant. (3021.) SEC. 8. If judgment shall be rendered for the particular per plaintiff in any suit upon such bond, brought for the benefit of any particular person, the Court shall award execution for the amount due to such person, with costs of suit. Judgment, etc., in other cases. Disposition of moneys collected. When scire facias may be prosecuted. By whom claims for damages for breach of condi ecuted. (3022.) SEC. 9. If judgment shall be rendered for the plaintiff in any suit upon such bond, brought by the Judge of Probate for any breach thereof, in not performing any order or decree of the Judge of Probate, as mentioned in the fifth section of this chapter, execution shall be awarded for the full value of all the estate of the deceased that shall have come to the hands of such executor or Administrator, and for which he shall not have satisfactorily accounted, and for all such damages as shall have been occasioned by his neglect or mal-administration, with costs of suit. (3023.) SEC. 10. All moneys received on any execution issued on a judgment in favor of the Judge of Probate, as mentioned in the preceding section, shall be paid over to the co-executor or co-Administrator, if there be any, or to such person, other than the defendant therein, as shall then be the rightful executor or Administrator, and such moneys shall be assets in his hands to be administered according to law. (3024.) SEC. 11. Any person who may be injured by the breach of the conditions of such bond, may afterwards, from time to time, sue out and prosecute a scire facias in his own name, on the judgment which may have been rendered for the penalty of such bond; and in such scire facias shall assign and set forth the breaches on which he relies, and may therein recover such damages as he may prove, with costs. (3025.) SEC. 12. Claims for damages on account of the tion may be pros- breach of the conditions of any bond, may be prosecuted by any executor, Administrator or guardian, in behalf of those he may represent, in the same manner as by persons living, and of full age, and such claims may be prosecuted against the representatives of deceased persons, in the same manner as other claims against such deceased persons. CHAPTER C. OF THE SPECIFIC PERFORMANCE BY EXECUTORS AND ADMIN ISTRATORS OF THE CONTRACTS OF DECEASED PER SONS FOR THE CONVEYANCE OF REAL ESTATE. decree convey. tor, etc. (3026.) SECTION 1. When any person who is bound by a when Court may contract in writing to convey any real estate, shall die before ance by Execu making the conveyance, the Probate Court may make a decree 1 Kernan, 52. authorizing and directing the executor or Administrator to convey such real estate to the person entitled thereto, in all 1844, p. 113. cases where such deceased person, if living, might be compelled to execute such conveyance. and hearing. (3027.) SEC. 2. On the presentation of a petition by any Notice of petition person claiming to be entitled to such conveyance from any executor or Administrator, setting forth the facts upon which such claim is predicated, the Judge of Probate shall appoint a time and place for hearing such petition, and shall order notice of the pendency thereof, and of the time and place of hearing, to be published at least six successive weeks before such hearing, in such newspaper or newspapers in this State as he may deem necessary. (a) For prior Statutes relating to the same subject, see Code of 1820, p. 39; Rev. of 1827, 89; Rev. of 1833, 293; Laws of 1837, 154; R. S., 1838, 307; Laws of 1840, 140, 1844, 118. petitioner, etc. Examination of (3028.) SEC. 3. At the time and place appointed for such hearing, or at such other time as the same may be adjourned to, upon proof by affidavit of the due publication of the notice, the Court shall proceed to a hearing, and all persons interested in the estate may appear before the Probate Court, and defend against such petition; and the Court may examine on oath the petitioner, and all others who may be produced before him for that purpose. When decree for conveyance to be made. Appeal from decree. be dismissed. (3029.) SEC. 4. After a full hearing upon such petition, and examination of the facts and circumstances of such claim, if the Judge of Probate shall be satisfied that the petitioner is entitled to a conveyance of the real estate described in his petition, according to the provisions of this chapter, he shall thereupon make a decree, authorizing and directing the executor or Administrator to make and execute a conveyance thereof to such petitioner. (3030.) SEC. 5. Any person interested may appeal from such decree to the Circuit Court for the same county, as in other cases; but if no appeal be taken from such decree within the time limited therefor by law, or if such decree be affirmed on appeal, it shall be the duty of the executor or Administrator to execute the conveyance according to the direction contained in such decree, and a certified copy of the decree shall be recorded with the deed, in the office of the Register of Deeds in the county where the lands lie, and shall be evidence of the correctness of the proceedings, and of the authority of the executor or Administrator to make the conveyance. When petition to (3031.) SEC. 6. If, upon a hearing in the Probate Court as hereinbefore provided, the Judge of Probate shall doubt the right of the petitioner to have a specific performance of the contract, he shall dismiss the petition without prejudice to the rights of the petitioner, who may at any time thereafter have a bill in Chancery to enforce a specific performance of the contract, as hereinafter provided. Bills in Chancery for speciac performance. Decree in Chancery. (3032.) SEC. 7. Whenever any person who is bound by a contract in writing to convey any real estate shall die before making the conveyance, the person entitled thereto may have a bill in the Court of Chancery, to enforce a specific perfor mance of the contract by his heirs, devisees, or the executor or Administrator of the deceased party who made such contract. (3033.) SEC. 8. The Court of Chancery shall hear and determine every such case brought in said Court, according to |