, 1854-06-03

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devised.
Sec. ll2. If the executor or admins
traitor shall neglect to apply for an order
of sale, whenever it may be necessary, any
person interested in the estate may make
application therefor, in the same manner as
the executor or administrator, and notice
thereof shall be given to the executor or
administrator before the hearing.
Sec. lib. Upon making such order, the
clerk of the probate court shall deliver TO
the executor or administrator, who shall be
thereupon authorized to sell the real estate
as directed.
Sec. ia. When q sale is ordered, notice
of the time and place \Qf sale shall be
posted in ten of the most lpublic places in
the county where the landis situated, at
least twenty days before the day Of sale,
and shall be published in some newspO-
per in this Territory, in general circula-
ton in said county, for three successive
weeks next before such sale, in which no.
tice the lands and tenementS shall be de-
scribed with common certainty.
Sec. lis. Such sale shall be in the coun-
ty where the lands are situated, at public
auction, between the hours Of ten O'Clock
in the morning and the setting Of the sun
the same day but II the executor or ad-
ministrator shall deem it for the interest Of
oil concerned, that the sale should be post
pOned, he may adjourn it for any time not
exceeding fourteen days.
Sec. ll6. In case Of such adjournment,
notice thereof shall be given by a public
proclamation at the time and place first
appointed for the sale, and if the adjourn
ment shall be for more than one day, fur
ther notice shall be given by posting or
publishing as the time and circumstances
may admit.
Sec. III. The executor or administra-
tor shall when the sale is on credit take
the note or notes Of the purchaser for the
purchase money with surety and mortgage
on the property to secure their payment
Sec. ll8. The executor or administrator
making any sale Of real estate shall at the
next term of the court thereafter make q
return Of his proceedings to the probate
Judge, who shall examine the same, and
il he shall be Of opinion that the proceed
ings were unfair or that the sum hidden is
disproportionate to the value, and that a
sum exceeding such bid at least ten PEI
cent exclusive Of expenses Of new sale
NAV be obtained, he shall vacate such sale
and order another to be had Of which no.
tice shall be given, and the sale shall be
conducted in all respects as II no previous
sale had taken place.
Sec. ll9. When the return Of the sale is
made, any person interested in the estate
may file written objections TO the confrma-
ton Of the sale, and may be heard and
produce witnesses in support Of his objec-
tions.
Sec. l20. II il appear to the court that
the sale was legally made and fairly con-
Quoted, and that the sum bidden was not
disproportionate to the value Of the pro-
perty sold, or il disproportionate, that a
greater sum as above specified cannot be
obtained, the court shall make an order
confirming the sale, and directing convey
ances to be executed /; and such sale from
that time shall be confirmed and valid
Sec. I2l. Such conveyances shall there
upon be executed TO the purchaser, by the
executor or administrator. They shall
contain and set forth at large the original
order authorizing q sale, and the order con-
6rming the same, and directing the con
veyances and they shall be deemed to
convey all the estate, rights and interest
of the testator Or intestate, at the'time Of
his death.
Sec. l22. Before any order is entered
confirming the sale, It shall be proven to
the satisfaction Of the probate judge, that
notice Of the sale was given as herein pre-
scribed, and the order of confirmation
shall state that such proof was made.
1913. When q testator shall have given
any legacy by will that is edectual to charge
real estate, and his goods, chattels, rights
and credits, shall be insufficient to pay such
legacy, together with his debts and charges
OF administration, the executor or admin
istrator with the will annexed, may obtain
an order to sell his real estate for that pur-
pose in the same manner and upon the
same terms and conditions as are pres
cribed in this act, in case VI a sale Tor the
payment Of debts.
Sec. 1874. II the testator shall make pro
vision by his will, or designate the estate
to be appropriated for the payment of his
debts, the expenses Of administration or
family expenses, they shall be paid accord
ing to the provision Of the will, and out
of the estate thus appropriated, so far as
the same may be sufficient.
Sec. 1876. When any division has been
made or any property directed to be sold,
the executor or administrator with the will
annexed, may proceed to sell without the
order Of the probate court, but he shall be
bound as an administrator to give notice
Of the sale, and to proceed in making the
sale in all respects, as II he were under the
order of the court, unless there are special
directions Riven in the will, in which case