been commenced for foreclosure, before the application Oct. 11, 1862, for the order of redemption or sale is made, nor to any Certain secother lien arising upon judgment or decree given against include mort the deceased in his lifetime. § 1132. tions not to gage foreclosed or where suit has been com that purpose. Id., § 1133. § 1165. [1133.] If the debt secured by the mortgage menced for mentioned in section 1161 [1129] be not due at the time of the making of the order for redemption or application when debt not of the proceeds of sale, the party to whom it is payable due, how satisshall be entitled to receive in satisfaction thereof such sum as may be ascertained to be equal to the present value thereof. of confirma § 1166. [1134.] The order of confirmation of sale in Id., § 1134. this title mentioned is conclusive as to the regularity of Effect of order the sale, and no further. All purchasers of the property tion of sale. of the estate by an executor or administrator, however executor or made, whether directly or indirectly, are prohibited, and void. if made are void. Purchase by administrator or adminis trator may avoid fraudu deceased. and judg 15 Or. 381. § 1167. [1135.] Whenever the assets of the estate are Ia., § 1135. insufficient to satisfy the funeral charges, expenses of ad- when executor ministration, and the claims against the estate, and the deceased shall in his lifetime have made or suffered lent acts of the any conveyance, transfer, or sale of any property, real or Conveyance personal, or any right or interest therein, with intent to ments. delay, hinder, or defraud creditors, or when such con- 5 or. 263. veyance, transfer, or sale has been so made or suffered that the same is void in law as against creditors, or when the deceased in his lifetime has suffered, consented, or procured any judgment or decree to be given against him with such intent or in such manner as to be likewise void, it is the duty of such executor or administrator to make application by petition to the county court or judge thereof for leave to commence and prosecute to final judgment or decree the necessary and proper actions, suits, or proceedings to have such conveyance, transfer, sale, judgment, or decree declared void, and the property affected thereby discharged from the effect thereof. Oct. 11, 1862, 1136. Order allowing proceedings therefor. Oct. 11, 1862, 1137. Disposition of property recovered on § 1168. [1136.] If upon the application it appear to such court or judge that the assets are insufficient for the purposes specified in the last section, and that it is probable that the conveyance, transfer, judgment, or decree was made, suffered, consented to, or procured with the intent or in the manner specified in the last section, it shall make the order directing the proceedings to be commenced and prosecuted as to any or all of the matters alleged in the petition and necessary to supply the deficiency in the assets. § 1169. [1137.] The property recovered by means of any proceeding in pursuance of the last two sections is to be sold and appropriated to supply the deficiency mensuch proceed- tioned in section 1166 [1134], in the same manner as other like property; but the right to or interest in the surplus, if any, remains as if such proceeding had not been allowed or commenced. ings. TITLE VII. OF THE ACCOUNTS OF EXECUTORS AND ADMINISTRATORS. § 1170. When filed, and what to contain. § 1171. Proceeding if administrator neglect to file an account. § 1172. § 1173. § 1174. § 1175. Order for the payment of expenses, charges, and claims. § 1177. § 1176. Administrator chargeable with the amount of inventory. For what he is responsible, either of increase or decrease of the estate. Oct. 11, 1862, 1138. Account of § 1181. Proceeding in a case of neglect to file final account. § 1182. Administrator may compound for debt due estate. § 1170. [1138.] An executor or administrator shall within six months from the date of the notice of his executor and appointment, and every six months thereafter, until the when filed and administration is completed and he is discharged from his trust, render an account, verified by his own oath, administrator, what to con tain. 1138. Account of executor or administrator, and file the same with the clerk, showing the amount of oct. 11, 1832, money received and expended by him, from whom received and to whom paid, with the proper voucher for such payments, the amount of the claims presented when filed and against the estate, and allowed or disallowed, and the tain. name of the claimants of each, and any other matter 19 Or. 183, necessary to show the conditions of the affairs thereof. what to con § 1139. Proceeding if neglect to file § 1171. [1139.] An executor or administrator who Oct. 11, 1862, shall fail to file an account as required in the last section, may be required by a citation, ordered by the court administrator or judge, to appear and do so, either upon the application an account. of an heir or creditor, or other person interested in the estate, or without it. If the executor or administrator refuse or neglect to appear when cited, or to file the account as required, he may be punished for a contempt, or by warrant of the judge be committed at once to close custody in the jail of the county, until he consent to do SO. $ 1140. Order for pay ment of the expenses, claims. § 1172. [1140.] At the first term of the court after Oct. 11, 1862, the filing of the first semi-annual account and each semiannual account thereafter, the court shall ascertain and determine if the estate be sufficient to satisfy the claims charges, and presented and allowed by the executor or administrator, within the first six months or any succeeding period of 19 Or. 183. six months thereafter, after the date of the notice of his appointment, after paying the funeral charges and expenses of administration; and if so, it shall so order and direct; but if the estate be insufficient for that purpose, it shall ascertain what per centum of such claims it is sufficient to satisfy, and order and direct accordingly. Ø 1141. Final account, when filed and what to con § 1173. [1141.] When the estate is fully adminis- Oct. 11, 1862, tered, it shall be the duty of the executor or administrator to file his final account. Such account shall be verified by his own oath, and contain a detailed state- tain. ment of the amount of money received and expended by him, from whom received and to whom paid, and refer to the vouchers for such payments, and the amount of money and property, if any, remaining unexpended or Oct. 11, 1862, $1141. Final account, Oct. 11, 1862, 1142. Objections to by whom and when made. appropriated. Upon the filing of the final account, the court or judge thereof shall make an order directing notice thereof to be given in the same manner as the notice of an appointment of an executor or administrator, and appoint a day at some term subsequent thereto for the hearing of objections to such final account and the settlement thereof. § 1174. [1142.] An heir, creditor, or other person interested in the estate may, on or before the day appointed final account, for such hearing and settlement, file his objections thereto, or to any particular item thereof, specifying the particulars of such objections; but no creditor shall be allowed to object to such account whose claim has been satisfied, as allowed by the executor or administrator, or established by judgment or decree. Oct. 11, 1862, Decree upon and effect thereof. § 1175. [1143.] Upon the hearing, the court shall give a decree allowing or disallowing the final account final account, either in whole or in part, as may be just and right; and such decree in any other action, suit, or proceeding between the parties interested or their representatives is primary evidence of the correctness of the account as thereby allowed and settled. 17 Or. 88. Oct. 11, 1862, Ø 1144. Administrator chargeable with the amount of inventory. Oct. 11, 1862, $ 1145. For what § 1176. [1144.] An executor or administrator is chargeable in his account with all the property of the estate which may come into his possession, at the value of the appraisement contained in the inventory, except as in this title otherwise provided. § 1177. [1145.] He shall not make profit by the increase in value of the property of the estate, nor suffer administrator loss for the decrease in value or the destruction thereof, to increase or without his fault; and if any of the property of the estate responsible, as decrease of the estate. Not responsible for debts uncollected without his fault. sell for more than its appraised value, he shall account for the excess, and if any such property sell for less than its appraised value, he shall not be responsible for the loss, unless occasioned by his fault. He shall not be accountable for the debts due the estate, if it appear that they remain uncollected without his fault. He shall not purchase any claim against the estate which he represents, § 1145. and if he satisfies any such claim for less than its nominal Oct. 11, 1862, value, he is only entitled to charge in his account the sum actually paid. 1146. Expenses and of adminis § 1178. [1146.] An executor or administrator shall oct. 11, 1862, be allowed, in the settlement of his account, all necessary expenses incurred in the care, management, and set- compensation tlement of the estate, including reasonable attorney fees trator. in any necessary litigation or matter requiring legal advice or counsel. For his services he shall receive such compensation as the law provides; but when the deceased, by his will, has made special provision for the compensation of his executor, such executor is not entitled to any other compensation for his services, unless he shall, within ten days after his appointment, subscribe and file with the clerk a written declaration renouncing. the compensation provided by the will. $ 1147. When court to pensation pro § 1179. [1147.] Notwithstanding the provision in Oct. 11, 1862, the will for the compensation of an executor, if the estate be insufficient to satisfy the claims against it, the court reduce comshall reduce such compensation so far as may be neces- vided by will. sary to satisfy such claims, to an amount equal to what the executor would have been entitled if no such provision had been made. 1148. § 1180. [1148.] The compensation provided by law Oct. 11, 1862, for an executor or administrator is a commission upon the whole estate accounted for by him, as follows: Amount of compensation allowed administrator. 1. For the first thousand dollars, or any less sum, at executor or the rate of seven per centum thereof; 2. For all above that sum and not exceeding two thou- 11 Or. 532. sand dollars, at the rate of five per centum thereof; 3. For all above two thousand and not exceeding four thousand dollars, at the rate of four per centum thereof; 4. For all above the last mentioned sum, at the rate of two per centum thereof. In all cases, such further compensation as is just and reasonable may be allowed by the court or judge thereof, for any extraordinary and unusual services, not ordi |