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or administrator shall not be made liable for any claims against Executor &c. not
liable for claim said estate, which shall be presented after such proportion or a dividend shall have been determined: Provided, The same dividend made shall not be made until after eighteen months shall have expired from the granting his letters testamentary or letters of administration: and in no case shall costs be recovered in any suit commenced against any executor or executors, administra- the time allowed tor or administrators, within eighteen months from the date of to settle, no costs
recovered nor such letters, or the further time allowed by the court for the execution isgarh settlement of the estate of the testator or intestate; nor shall any execution be issued on a judgment rendered in consequence of the commencement of such suit, or on any judgment rendered prior to the death of the testator or intestate, within the time aforesaid; nor shall any judgment creditor receive any other or greater proportion of his demand against the estate, than the other creditors who may not have procured judgment in their favor, except those who may have procured judginents prior to the death of such testator or intestate, and which operated as a lien on the estate of said deceased, at the time of his or her death: Provided, That in any action upon a demand Proviso relating against the decedent sounding in contract, which shall be comto
hich shall be com to the recovery menced against such executor or executors, administrator or administrators, after the lapse of one year from the probate of the will, or the grant or administration, which shall have been legally authenticated and presented to the executor or executors, administrator or administrators, for allowance, at least ten days before the commencement of such suit, and by him, her or them, rejected, the plaintiff or plaintiffs shall be entitled to recover costs, if he, she or they shall recover, upon such demand, an amount equal to that which shall have been claimed, on presenting his, her or their demand as aforesaid, in those cases which he or they would be, in like cases, so entitled, were the recovery had against a defendant or defendants in his, her or their own right; to be adjudged agaiust the estate of the decedent.
Sec. 31. That when the execator or administrator shall ap- Application to ply to the court, under this act, for authority to sell the real sell and to be estate of his testator or intestate, the application shall be by" petition, to which the widow, (if any there be,) and the lawful heir or heirs, or the person or persons having the next estate of inheritance of the testator or intestate, if known to such exe. Who shall be de cutor or administrator, shall be made defendant thereto; and the defendants shall be served with process, or otherwise noti- process fied of the pendency of such petition, in the manner prescribed in the "Act directing the mode of proceeding in chancery:" and if the names of the persons who ought to be made defendants to such petition, shall not be known to the petitioner, the same proceedings may be had as are authorized in such cases in chancery.
Sec. 32. That if upon the hearing of sach "petition, the
a sale of the
Land to be ap. court is satisfied that it is necessary to sell the real property
described therein, or any part thereof, tor the payment of dubts
against said estate, they shall appoint three disinterested men
in to view the lands, tenements or hereditaments, so described; how assigned who being first duly sworn, shall, if such widow be entitled to
dower in such real estate, set off to said widow her dower therein, hy mites and bounds: and in case such lands be situated in two or more counties, or two or more tracts, it shall be lawful for said appraisers to set off said dower in one or more counties, · or in one or more tracts, as they may think most equitable, and shall return to the court the statement of the value of such lands, subject to such dower; and the court shall allow them
the sum of one dollar per day, each, for their service, where Compensation of such service shall be performed within the county where the
appraisers reside, and one dollar and fifty cents per day, each, where the services are performed out of such county..
Sec. 33. That upon the return of said appraisers, the court
shall direct the executor or administrator to sell either the whole Upon rcturn of
bt or a part, (as they may think proper,) of such real estate, subcourt may direct ject to the widow's dower, if any, and including the remainwhole or a part de
rt der after such right of dower shall be determined, after giving
notice of the time and place of sale, by advertising the same at
least four weeks successively, in some newspaper printed in the Notice of sale, how given
county where the lands are situate; or in case no newspaper be printed within such county, then by advertising the same in at least five public places in the county, four weeks before the day of sale: and such lands, tenements or hereditaments, shall
be sold to the best advantage, either for cash or limited credit, terms of sale the purchaser securing the payment of the installments as they
may become due; but no credit shall in this case extend beyond the period of three years: Provided, That any such tract
of land, with improvements thereon, shall not be sold for less Proviso, relative than two thirds, and every tract of land without improvements,
nt for less than one half its appraised valuie, unless it shall be estate must be made appear, to the satisfaction of the court, that the same can
not be sold for one half or two thirds, (as the case may be,) of the appraised value thereof; in which case the court may, at their discretion, order the executor or administrator to sell said land at such price and in such manner as they may think proper to direct.
Sec. 34. That if at any time after the filing of a petition
for the sale of real estate, as aforesaid, the executors or adExecutor &c. ministrators making such application shall die before the sale and dying, who and conveyance of such real estate, it shall be lawful for the shall sell and executor of the deceased executor, or for the administrator de
bonis non of the first testator or intestate, (as the case may be,) to proceed with such sale, and to convey to the purchaser or purchasers, in the same manner that the original executor or administrator might or could have done; and the court may, if they deem it necessary, or at the request of any creditor or
to the amount for which real
applying for sale
ative to the sale
heir of the decedent, require such administrator de bonis non, either at the time of his appointment, or before confirming any sale of land made by him in pursuance of this section, to give security for the purpose, and according to the provisions of this act.
Sec. 35. That the executor or administrator making sale of any lands, by virtue of this act, shall make a return of his pro- Proceedings rel. ceedings to the next term of said court, after such sale; and the of lands to be re court, aster having carefully examined such return, and being ported to the
court for confir satisfied that the sale has in all respects been legally made, shall mation direct their clerk to make an entry on the minutes that the court is satisfied of the legality of such sale, and order that the executor or administrator make to the purchaser a deed for such lands and tenements so sold: and such deed so executed, shall be received in all courts as prima facie evidence that the executors or administrators have in all respects observed the directions, and complied with the requisitions of the law making the sale thereof, and shall vest the title in the purchaser as completely as though it had been conveyed by the deceased, in his life time.
Sec. 36. That when any person has heretofore purchased, Équitable inter: er may hereafter purchase, any lands, and die intestate previous est in lands may
be sold as afore. to the payment being completed therefor; and it shall be made appear to the satisfaction of the court, that there are not assets in the hands of the administrator, after paying all just debts, funeral and other incidental expenses, sufficient to complete such payment, the court shall order such administrator to sell the same, in all respects agreeably to the provisions of this act, who is hereby authorized and required (upon the order of the court aforesaid,) to transfer and convey the title of such lands to the purchaser, or his legal representatives, as fully and completely as such deceased might or could have done in his life time.
Sec. 37. That the court may require, if they deem it ne-Court may xe. cessary, of any executor or administrator, to whom they grant quire security at the privilege of selling real property, what security they may
mo discretion think proper to secure to the creditors or heirs, the money arising upon such sales, respect being had to the value of such lands.
Sec. 38. That when any lands, tenements or hereditaments bave heretofore been, or shall hereafter be, devised by any last box
Cuby any me sell land devised will and testament to the executors therein named, or any of to be sold with. them, to be sold or conveyed for the payment of debts or lega- out an order of
court cies, or where such lands, tenements or hereditaments shall be thereby ordered to be sold or conveyed for the same or any other purpose, by such executors, or any of them, it shall not be necessary for said executor or executors, who take upon themselves the burden of execution, to apply to the court of common pleas for an order to sell or convey the same; but the same shall in all things be disposed of according to the devise of the testator or testatrix: Provided, however, That nothing in this
ministrators appointed in other
lands in this
section contained, shall be so construed as to extend the time within which such executor or executors shall be bound to set tle with the court, nor to deprive any creditor or creditors, legatee or legatees of such testator or testatrix, of any right of action which they otherwise might have had against such executor or executors, or against the heirs of such testator or testatrix.
Sec. 39. That whenever any person living in any other Executors or ad- State or Territory, shall die, leaving real property within this
State, and the executor or administrator appointed in such State State: inay sell or Territory, shall produce to the court of common pleas of the Sime in the county where such real property is situated, a regular, executed manner prescri- and authenticated certificate of such appointment from the judge hed by this act of the court by whom such letters testamentary, or letters of
administration, were granted; and shall make it appear to the satisfaction of such court, that it is necessary for the payment of the debts of the deceased, that all, or a part of such real property should be sold: the court shall have power to direct a sale of the whole, or such part of said real property, as they may think necessary; and the application and proceedings therein, shall, in all respects, be conducted in the same manner that the application and proceedings of resident executors and administrators are required to be conducted by the provisions of this act.
Sec. 40. That the executor or administrator shall, at any time before final settlement, receive just and legal claims against
on said estate: Provided, Such claim shall not affect any prior divitill final settle. dend or distribution which shall have been made of said estate ment, but not to agreeably to the provisions of this act; but such claim sball re
ceive its just proportion of said estate out of any money or assets on hand, or which may thereafter come to the hands of such executor or administrator.
Sec. 41. That all claims of creditors against the estates of Actions against deceased persons, which shall not be presented to the executor executors, d'c. or administrator, before the final settlement of such executor or presented before administrator with the court, or in case the estate of such deceasettlement on fi sed person be insolvent, before the final dividend of such estate jhall be barred shall be declared by the court, shall be barred, so far as relates
to any right of action against such executor or administrator; Provided, Such settlement shall not be made, or dividend decla. red, until the expiration of eighteen months after the date of the letters testamentary, or letters of administration, granted on the estate of such deceased person.
Sec. 42. That at the expiration of five years from and after Sunitation of the decease of any person, if the executor or administrator of lien on the real such decedent shall have made final settlement with the court;
4. and if not, then so soon as such final settlement shall be made ment of debis all lien upon the real estate of such decedent for the payment
of any claim against his or her estate, not presented to such executor or administrator before such final settlement, shall
Legal claims shall be received
affect prior dietributin
on claims not
estate of decedent for the pay.
of heirs and de
cease and determine; and such real estate may then be aliened by the heirs or devisees of such decedent freed from the incumbrance of such claim.
Sec. 43. That nothing in the preceding section contained, shall impair the personal liability of heirs or devisees for the
Tersonal liabuly payment of any claim against the estate of their ancestor or visees on clainis devisor: but such heirs and devisees shall remain liable to the full against che es
fate of their an. extent of the assets by them received from the estate of their restor or derisch ancestor or devisor, for the payment of all claims against the estallished and
defined estate of such ancestor or devisor; and any suit which could be brought and sustained against such ancestor or devisor, were he alive, may be brought and sustained against such heirs and devisees, aster the executor or administrator of the ancestor or devisor shall have made final settlement with the court, until the assets so received by such heirs or devisees shall be exhausted: Proviiled, always, That sucle heirs or devisees may make any plea or defence to such suit which their ancestor or devisor could make, were he alive, and such suit instituted against him.
Sec. 44. That it shall, at all times hereafter, be lawful for the judges of the court of common pleas, or any three o: them. Common pitao
may hold special when required, to convene for the purpose of grintiig Liters of sessions for administration, taking the probate ol wills, or for the appoint granting kitors, ment of guardians for minors, in the same manner such duties are performed at the regular session of said court: and at any such special session, where there sball be but one applica. Compensation at
special sessions, - tion for that purpose, the said judges shall receive one dollar and ho and Gifty cents per day, each; and where there shall be more than one such application at the same special session, the said judges shall be allowed and paid for their services, the sum of iwo dollars per day, each; to be paid in equal proportions by each applicant, out of the estate of the de. eased, by the executor or administrator, or out of the estate of the ward or. wards, by the guardian or guardians, so appointed, as the case may be. The Sec. 45. That the several courts of common pleas, within
Persons dyiny this Siate, are hereby authorized and required, to grant letters bar
out of this State, of administration, as well in cases of persons dying, or who have and leaving prudied out of this State, having rights and credits, or any real or pent
courts may grant personal estate within this State, as in cases where such person administration may die, or may have died, within this State, and under the same provisions, rules and regulations. , Sec. 46. That every executor or administratos, who has been, or shall hereafter be, appointed within any of the United States, ministrator ao or Territories thereof, according to the laws of the State or pointed in anothTerritory, within which such appointment may have been, orer.
er State, may
sue in this state hereafter may be made, shall be authorized by virtue thereof, to commence and prosecute any action or puit, either in law or equity, in any court of this State, having jurisdiction of the subject matter of such action or suit, in his or her capacity of administrator or executor, in the same mapner, and under the
perty within it,
Executor or ad