affidavit or otherwise, of the due publication of the notice, the Court must proceed to a hearing, and all persons interested in the estate may appear and contest such petition, by filing their objections in writing, and the Court may examine, on oath, the petitioner and all who may be produced before him for that purpose. ances, ordered to be made. 1600. (§ 208.) If, after a full hearing upon the Conveypetition and objections, and examination of the facts when and circumstances of the claim, the Court is satisfied that the petitioner is entitled to a conveyance of the real estate described in the petition, a decree authorizing and directing the executor or administrator to execute a conveyance thereof to the petitioner must be made, entered on the minutes of the Court, and recorded. 1601. (§ 209.) The executor or administrator must execute the conveyance according to the directions of the decree, a certified copy of which must be recorded with the deed in the office of the Recorder of the county where the lands lie, and is primary evidence of the correctness of the proceedings, and of the authority of the executor or administrator to make the convey ance. 1602. (§ 210.) If, upon hearing in the Probate Court, as hereinbefore provided, the right of the petitioner to have a specific performance of the contract is found to be doubtful, the Court must dismiss the petition without prejudice to the rights of the petitioner, who may, at any time within six months thereafter, proceed, in the District Court, to enforce a specific performance thereof. 1603. (§ 211.) Every conveyance made in pursuance of a decree of the Probate Court, as provided in this Chapter, shall pass the title to the estate contracted Decree may direct to be surrendered. for as fully as if the contracting party himself was still living and executed the conveyance. 1604. (§ 212.) A copy of the decree for a conveyance, made by the Probate Court, and duly certified and recorded in the office of the Recorder of the county where the lands lie, gives the person entitled to the conveyance a right to the possession of the lands contracted for, and to hold the same according to the terms of the intended conveyance, in like manner as if they had been conveyed in pursuance of the decree. 1605. (§ 213.) The recording of any decree, as provided in the preceding section, shall not prevent the Court making the decree from enforcing the same by other process. 1606. (§ 214.) If the person entitled to the conveyance dies before the commencement of proceedings therefor under this Chapter, or before the completion of the conveyance, any person entitled to succeed to his rights in the contract, or the executor or administrator of such decedent may, for the benefit of the person so entitled, commence such proceedings, or prosecute any already commenced, and the conveyance must be so made as to vest the estate in the persons entitled to it, or in the executor or administrator, for their benefit. 1607. (§ 214.) The decree provided for in this possession Chapter may direct the possession of the property therein described to be surrendered to the person entitled thereto, upon his producing the deed and a certified copy of the decree, when, by the terms of the contract, possession is to be surrendered. CHAPTER X. OF ACCOUNTS RENDERED BY EXECUTORS AND ADMINIS- ARTICLE I. LIABILITIES AND COMPENSATION OF EXECUTORS AND ADMINISTRATORS. II. ACCOUNTING AND SETTLEMENTS BY EXECUTORS AND ADMINISTRATORS. III. THE PAYMENT OF DEBTS OF THE ESTATE. ARTICLE I. LIABILITIES AND COMPENSATION OF EXECUTORS AND ADMINISTRATORS. SECTION 1612. When executor or administrator personally liable. 1613. Executor to be charged with all estate, etc. 1614. Not to profit or lose by estate. 1615. Uncollected debts without fault. 1616 Compensation of the executor and administrator. 1612. (§ 215.) No executor or administrator is chargeable upon any special promise to answer damages or to pay the debts of the testator or intestate out of his own estate, unless the agreement for that purpose, or some memorandum or note thereof, is in writing and signed by such executor or administrator, or by some other person by him thereunto specially authorized. 1613. (§ 216.) Every executor and administrator is chargeable in his account with the whole of the estate of the decedent which may come into his possession, at the value of the appraisement contained in the inventory, except as provided in the following sections, and with all the interest, profit, and income of the estate. 1614. (§ 217.) He shall not make profit by the increase, nor suffer loss by the decrease, or destruc Uncollected debts without fault. Compensation of the executor and administrator. Not to purchase claims against the estate. Executor's and administrator's commis sions. tion, without his fault, of any part of the estate. He must account for the excess when he sells any part of the estate for more than the appraisement, and if any is sold for less than the appraisement, he is not responsible for the loss, if the sale has been justly made. 1615. (§ 218.) No executor or administrator is accountable for any debts due to the decedent, if it appears that they remain uncollected without his fault. 1616. (§ 219.) He shall be allowed all necessary expenses in the care, management, and settlement of the estate, and for his services such fees as provided in this Chapter; but when the decedent, by his will, makes some other provision for the compensation of his executor, that shall be a full compensation for his services, unless, by a written instrument, filed in the Probate Court, he renounces all claim for compensation provided by the will. 1617. (§ 220.) No administrator or executor shall purchase any claim against the estate he represents; and if he pays any claim for less than its nominal value he is only entitled to charge in his account the amount he actually paid. 1618. (§ 221.) When no compensation is provided by the will, or the executor renounces all claim thereto, he must be allowed commissions upon the amount of the whole estate accounted for by him, as follows: For the first thousand dollars, at the rate of seven per cent; for all above that sum and not exceeding ten thousand dollars, at the rate of five per cent; for all above that sum, at the rate of four per cent; and the same commission must be allowed administrators. In all cases, such further allowance may be made as the Probate Judge may deem just and reasonable, for any extraor dinary service. The total amount of such allowance must not exceed the amount of commissions allowed by this section. ARTICLE II. ACCOUNTING AND SETTLEMENTS BY EXECUTORS AND ADMINISTRA TORS. SECTION 1622. To render an exhibit of receipts and disbursements, and claims allowed. 1623. Citation to account at third term. 1624. Petition for citation to render final or other account. 1625. Citation to account on application. 1626. Objections to account, who may file. 1627. Attachment for not obeying citation. 1628. To render accounts at expiration of term. 1629. Executor to account after his authority revoked. 1630. Revoking authority of executor, when. 1631. To produce and file vouchers, which remain in Court. excepted. 1633. Day of settlement to be appointed, and must give no- 1634. Final settlement, partition, and distribution may be 1637. Settlement of accounts to be conclusive, when and when not. 1638. Proof of notice of settlement of accounts. an exhibit and disburseand claims ments, allowed. 1622. (§ 222.) At the third term of the Court To render after his appointment, and thereafter at any time when of receipts required by the Court, either upon its own motion or upon the application of any person interested in the estate, the executor or administrator must render, for the information of the Court, an exhibit under oath, showing the amount of money received and expended by him, the amount of all claims presented against the estate and the names of the claimants, and all other matters necessary to show the condition of its affairs. |