, 1854-06-10

of time as may be reasonable, for the fina
settlement of the estate
Sec. 1893. At the time designated o
sooner, if within that time all the proper
ty Of the estate shall have been sold o
there shall be sufficient funds in his hand
to pay all the debts due by the estate tn
executor or administrator shall render
final account aud pray settlement Of tn
estate.
Sec. 1874. If he neglect to render hi
account the same proceedings may b,
had az are prescribed in this act, in regarC
to the first account to be rendered by him
and all the provisions of this act relativ,
to the last mentioned account, and the no
tice and settlement thereof shall apply tt
his account presented for final settlement.
OF THE PARTITION AND DISTRIBUTION OF TIL
ESTATE.
Sec. 1876. At any time after six month!
after the time of issuing letters testament
airy or of administration, any heir, legatet
or devisee may present his petition to the
court that the legacy or share of the es
tate to which he is entitled may be giver
to him upon bis giving bonds with secu
rity for the payment Of his proportion o.
the debts Of the estate.
See. 1876. Notice Of the application shall
be given to the executor or administrator
and to all persons interested in the estate
in the same manner that notice is REQUIRED
to be given Of the settlement of the ac
CONT Of the executor or administrator.
Sec. 1877 The executor, administrator
or any person interested in the estate
may appear and resist the application oI
any other heir, legatee or devisee, may
make a similar resistance for himself
Sec. 1893. II on the hearing it appear tc
the court that the estate is but little in
debt, and that the share Of the party OF
parties applying, may be allowed without
injury to the creditors Of the estate, the
court shall make q decree in conformity
with the prayer Of the applicant or ap
plicants provided each one Of them shall
first execute and deliver to the executor OF
administrator, bond in such sum as shall
be designated by the probate judge, and
with sureties to be approved by him, pay
able to the executor or administrator
conditioned for the payment by the devi
see or legatee whenever required, Of his
proportion Of the debts due from the es.
tate.
Sec. 100. Such decree may order the ex,
ecutor or administrator to deliver to the
heir, devisee or legatee, the whole portion
Of the estate to which he may be entitled
or only part thereof.
Sec. 200. If in the execution Of such
decree, any partition be necessary between
two or more Of the parties interested, il
shall be made in the manner hereinafter
prescribed.
Sec. 2Ol The costs Of the proceedings
authorized by the preceding sections, and
the executor or administrator shall ascer
tain that it is necessary for the settlement
Of the estate, to require the payment o.
any part Of the money thereby secured, he
shall petition the court for an order re
quiring the payment, and shall have cita
tion issued and served on the party bound
requiring him to appear and show cause
why the order shall not be made At the
hearing, the court, if satisfied Of the neces
sity of the payment, shall make an order
accordingly, designating the amount and
giving the time within which ii shall be
paid and if the money be not paid with
in the time allowed, an action may be main
tanned by the executor or administrator or
the bond
Sec. 202, Upon the final settlement Of
the accounts Of the executor or administra
tor, or at any subsequent time, upon the
application Of the executor or administra
tor, or any heir, devisee or legatee, the
court shall proceed to distribute the residue
of the estate, if any, among the persons
who are by law entitled.
Sec. 2O3. In the decree the court shall
nape the person and the portion, or parts
to which each shall be entitled and such
persons shall have the right to demand
and recover their respective shares from
the executor or administrator, or any per
son having the same in possession.
Sec. 204. The decree may be made OIL
the application of the executor or admins
traitor, or of any person interested in the
estate, and shall only be made after notice
has been given in the manner required in
regard to an application for the sale of land
by an executor or administrator. The
court may order such further notice to bC
given as it may deem proper.
Sec. 205 When the estate real anC
personal, assigned to two or more heirs, dc
visees or legatees shall be in common anC
undivided, and the respective shares shal
not be separated and distinguished, parti
tion and distribution may be made by three
disinterested persons, to be appointed com
missioners for that purpose by the probate
judge who shall be duly sworn to the faith
ful discharge of their duties, and the cour
shall issue warrant to them for that pur
pose.
Sec. 206. If the real estate be in differ
ent counties, the probate court may if i