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liable for claim

recovered nor

or administrator shall not be made liable for any claims against Executor &c. not said estate, which shall be presented after such proportion or presented after 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 If sued within 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 such letters, or the further time allowed by the court for the execution issut 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 judgments 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 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 of 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 plaintifs 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 against the estate of the decedent.

of costs

by petition

fendants, and how served with

Sec. 31. That when the executor 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 such petition, the

praised

Dower therein how assigned

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 debts against said estate, they shall appoint three disinterested men to view the lands, tenements or hereditaments, so described; 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, by metes 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.

appraisers

pon return of appraisement

a sale of the

whole or a part

Notice of sale,
How given

Sec. 33. That upon the return of said appraisers, the court shall direct the executor or administrator to sell either the whole 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 remainder 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 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, 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, for less than one half its appraised value, unless it shall be estate must be made appear, to the satisfaction of the court, that the same cannot 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 manter as they may think proper to direct.

Terms of sale

to the amount for which real

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Executor &c.

applying for sale

shall sell and

Sec. 34. That if at any time after the filing of a petition for the sale of real estate, as aforesaid, the executors or administrators making such application shall die before the sale and dying, who and conveyance of such real estate, it shall be lawful for the 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

onvey

heir of the decedent, require such administrator de bonis nou, 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.

ative to the sale

court for confir

mation

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 eeedings to the next term of said court, after such sale; and the of lands to be recourt, after having carefully examined such return, and being ported to the satisfied that the sale has in all respects been legally made, shall 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.

est in lands may be sold as afore

said

Sec. 36. That when any person has heretofore purchased, Equitable inter or may hereafter purchase, any lands, and die intestate previous 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, suflicient 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 of any executor or administrator, to whom they grant quire security the privilege of selling real property, what security they may think proper to secure to the creditors or heirs, the money arising upon such sales, respect being had to the value of such lands.

cessary,

discretion

sell land devised

court

Sec. 38. That when any lands, tenements or hereditaments have heretofore been, or shall hereafter be, devised by any last Executor may will and testament to the executors therein named, or any of to be sold withthem, to be sold or conveyed for the payment of debts or lega- out an order of cies, or where such lands, tenements or hereditaments shall be thereby ordered to be sold or conveyed for the same or any ⚫ther 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 tostator or testatrix: Provided, however, That nothing in this

pointed in other

section contained, shall be so construed as to extend the time within which such executor or executors shall be bound to settle 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 ministrators ap- State, and the executor or administrator appointed in such State State; may sell or Territory, shall produce to the court of common pleas of the State, 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

lands in this

shall be received

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 Legal claims, 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 shall receive 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.

affect prior distribution

on claims not

Sec. 41. That all claims of creditors against the estates of Actions against deceased persons, which shall not be presented to the executor executors, &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 shall be barred shall be declared by the court, shall be barred, so far as relates

nal dividend,

estate of dece

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 unitation of the decease of any person, if the executor or administrator of hen on the real such decedent shall have made final settlement with the court; and if not, then so soon as such final settlement shall be made, 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

dent for the pay. Tent of debts

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.

Fersonal liability

tate of their an

defined

Sec. 43. That nothing in the preceding section contained, shall impair the personal liability of heirs or devisees for the of heirs and de pavin nt of any claim against the estate of their ancestor or visees on claims devisor: but such heirs and devisees shall remain liable to the full against the es extent of the assets by them received from the estate of their restor or devisor ancestor or devisor, for the payment of all claims against the established and 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, after 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: Provided, always, That such 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 lawtul for the judges of the court of common pleas, or any three o: them. Common when required, to convene for the purpose of grinting Laters of sessions administration, taking the probate of wills, or for the appoint granting letters, 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 shall be but ore applica Compensation at tion for that purpose, the said judges shall receive one dellar and how paid and fifty 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 two 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 administrafor, or out of the estate of the ward or wards, by the guardian or guardians, so appointed, as the case may be.

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may hold special for

&c.

special sessions,

Persons

dying

Sec. 45. That the several courts of common pleas, within this State, are hereby authorized and required, to grant letters out of this State, of administration, as well in cases of persons dying, or who have and leaving prodied out of this State, having rights and credits, or any real or perty within it, 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.

courts may grant

Executor or ad

er State, may sue in this State

Sec. 46. That every executor or administrator, who has been, or shall hereafter be, appointed within any of the United States, ministrator apor Territories thereof, according to the laws of the State or pointed in anoth Territory, within which such appointment may have been, or 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 manner, and under the

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