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or interests may be sold under the order of the Probate Court having jurisdiction of the estate, as hereinafter provided.

1530. (§ 153.) The executor, administrator, or any heir at law, or creditor of the estate, any partner or member of any mining company in which interests or shares are held or owned by the estate, may file in the Probate Court a petition in writing, setting forth the general facts of the estate being then in due course of administration, and particularly describing the mine, interest, or shares which it is desired to sell, and particularly the condition and situation of the mines or mining interests, or of the mining company in which such interests or shares are held, and the grounds upon which the sale is asked to be made.

1531. (§ 153.) Upon the presentation of such petition the Probate Judge must make an order directing all persons interested to appear before him at a time and place specified, not less than four nor more than ten weeks from the time of making such order, to show cause why an order should not be granted to the executor or administrator to sell such mines, mining interests, shares, or stocks, as are set forth in the petition and belonging to the estate. A copy of the order to show cause must be personally served on all persons interested in the estate, at least ten days before the time appointed for hearing the petition, or published at least four successive weeks in such newspaper as the Court shall specify. If all persons interested in the estate signify in writing their assent to such sale, the notice may be dispensed with.

1532. (§ 153.) If, upon hearing the petition, it appears to the satisfaction of the Probate Judge that it is to the interest of the estate that such mining property or interests of the estate should be sold, or if

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Further proceedings

to Articles

II and IV.

it appears to his satisfaction that an immediate sale is necessary in order to secure the just rights or interests of the mining partners, or tenants in common, in which such shares or property are held, such Probate Judge must make an order authorizing the executor or administrator to sell such mining interests, mines, or shares, as hereinafter provided.

1533. (§ 153.) After the order of sale is made, all to conform further proceedings for the sale of such mining property, and for the notice, report, and confirmation thereof, must be in conformity with the provisions of Article IV of this Chapter.

ARTICLE IV.

THE SALE OF REAL ESTATE, INTERESTS THEREIN, AND CONFIRMATION
THEREOF.

SECTION 1536. To sell real estate, when.

1537. Verified petition for sale, what to contain, and to what

it may refer.

1538. Order to persons interested to appear.

1539. Copy to be served, assent given, or publication made. 1540. Hearing after proof of service. Presentation of claims. 1541. Administrator, executor, and witnesses may be exam

ined.

1542. To sell real estate or any part, when.

1543. Order of sale, when to be made.

1544. What the order of sale must contain. May be at pub

lic or private sale.

1545. Interested persons may apply for order of sale. Form

of petition.

1546. To deliver copy of order to executor.

1547. Notice of sale.

1548. Time and place.

1549. Private sale of real estate, how made, and notice.

Bids, when and how received.

1550. Ninety per cent of appraised value must be offered.
1551. Purchase money on sale on credit, how secured.
1552. Hearing and setting aside sale, and when resale may

be ordered.

1553. May file objections, when and who.

SECTION 1554. When order of confirmation is to be made, and when

not.

1555. Conveyances.

1556. Order of confirmation, what to state.

1557. Sale may be postponed.

1558. Notice of postponement.

1559. Sale of real estate to pay legacies.

1560. Where payment of debts, etc., provided for by will.

1561. Sale without order, may require security.

1562. Where provision by will insufficient.

1563. Estate subject to debts, etc.

1564. Contribution among legatees.

1565. Contract for purchase of lands may be sold, how.

1566. Conditions of sale.

1567. Purchaser to give bond.

1568. Executor to assign contract.

1569. Sales by executors or administrators of lands under

mortgage or lien.

1570. The holder of the mortgage or lien may purchase the
lands. His receipt to the amount of his claim a
valid payment.

1571. Administrator and executor liable for misconduct in

sale.

1572. Fraudulent sales.

1573. Limitation of actions for vacating sale, etc.

1574. To what cases preceding section not to apply.
1575. Account of sale to be returned.

1576. Executor, etc., not to be purchaser.

1536. (§ 154.) When the personal estate in the hands of the executor or administrator is exhausted or insufficient to pay the allowance of the family, the debts outstanding against the decedent, and the debts, expenses, and charges of administration, the executor or administrator may sell the real estate for that purpose, upon the order of the Probate Court.

1537. (§ 155.) To obtain such order he must present a verified petition to the Probate Court, or to the Judge at chambers, setting forth the amount of personal estate that has come to his hands, and how much thereof, if any, remains undisposed of; the debts outstanding against the decedent, as far as can be ascertained or estimated; the amount due upon the family allowance, or that will be due after the same

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Order to persons interested

to appear.

Copy to be served, assent given, or publication made.

has been in force for one year; the debts, expenses, and charges of administration already accrued, and an estimate of what will or may accrue during the administration; a description of all the real estate of which the decedent died seized, or in which he had any interest, or in which the estate has acquired any interest, and the condition and value of the respective portions and lots thereof, and whether the same be community or separate property; the names and ages of the devisees, if any, and of the heirs of the decedent. If all the matters above enumerated cannot be ascertained, it must be so stated in the petition.

1538. (§ 156.) If it appears to the Court or Judge, from such petition, that it is necessary to sell the whole or some portion of the real estate for the purposes and reasons mentioned in the preceding section, or any of them, such petition must be filed and an order thereupon made, directing all persons interested in the estate to appear before the Court, at a time and place specified, not less than four nor more than ten weeks from the time of making such order, to show cause why an order should not be granted to the executor or administrator to sell so much of the real estate of the decedent as is necessary.

1539. (§§ 157, 159.) A copy of the order to show cause must be personally served on all persons interested in the estate, and on any general guardian of any minor, devisee, or heir of the decedent resident in the county, at least ten days before the time appointed for hearing the petition, or must be published at least four successive weeks in such newspaper as the Court or Judge shall direct. The notice is served if the publication is completed ten days before the day set for hearing. If all persons interested in the estate join in the petition for the sale, or signify in writing their assent thereto, the notice may be dispensed with.

after proof

1540. (§ 158.) The Probate Court, at the time Hearing and place appointed in such order, or at such other of service. time to which the hearing may be postponed, upon satisfactory proof of personal service or publication of a copy of the order, by affidavit or otherwise, if the consent, in writing, to such sale of all parties interested is not filed, must proceed to hear the petition, and hear and examine the allegations and proofs of the petitioners, and of all persons interested in the estate who may oppose the application. All claims Presentaagainst the decedent not before presented, if the claims. period of presentation has not elapsed, may be presented and passed upon at the hearing.

tion of

trator,

and

1541. (§ 160.) The executor, administrator, and Adminiswitnesses may be examined on oath by either party, executor, and process to compel them to attend and testify may witnesse be issued by the Probate Judge, in the same manner examined.

and with like effect as in other cases.

1542. (§ 161.) If it appears necessary to sell a part of the real estate, and that by a sale thereof the residue of the estate, real or personal, or some specific part thereof, would be greatly injured or diminished in value, or subjected to expense, or rendered unprofitable, or that after any such sale the residue would be so small in quantity or value, or would be of such a character with reference to its future disposition among the heirs or devisees, as clearly to render it for the best interests of all concerned that the same should be sold, the Court may authorize the sale of the whole estate, or of any part thereof, necessary and for the best interest of all concerned.

1543. (§ 162.) If the Court is satisfied, after a full hearing upon the petition and an examination of the proofs and allegations of the parties interested, that a sale of the whole or some portion of the real estate is

may be

To sell real

estate or

any part,

when.

Order of to be made.

sale, when

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