, 1854-06-03

Sec l5I. A copy OF the decree Tor the
conveyance made by the probate court,
and duly certified and recorded in the office
of the recorder where the lands lie, shall
1--WE the person entitled to the conveyance,
q right to the possession of the lands con
tracted for and of holder, the same accor-
ding 10 the terms Of the intended convey
apce, in like manner as if they had been
conveyed in pursuance Of the decree.
Sec. 1853. The recording Of any decree
AZ provided in the preceding section, shall
not prevent the court making such decree
A.. from enforcing the same by other process.
Sec. l59. If the person to whom the
conveyance was to be made, shall die be-
fore the commencement Of the proceedings
according to the provisions of this act, or
before the completion Of the conveyance,
sny person who would have been entitled
TO the conveyance under him, as heir, de-
yisee, or otherwise, in case the conveyance
had been made according to the terms Of
the contract, or the executor or administra.
tor Of such deceased person, for the benefit
Of the person entitled, may commence such
proceedings or prosecute the same if al
ready commenced; and the conveyance
shall be so made as to vest the estate in
the same persons who would have been en-
titled to il, or in the executor or admins
traitor for their benefit.
ov ACCOUNTS TO BE RENDERED BY ExECU-
TORS OR ADMINISTRATORS, AND OF TIE
PAYMENT OF DEBTS.
Sec. 100. No executor or administrator
shall be chargeable upon any special prom
ise to answer damages, or to pay the debts
Of the testator or intestate out Of his own
estate, unless the agreement for that pur-
nose, or some memorandum or note thereof,
Is in writing, and signed by such executor
or administrator, or by some other person
by him thereunto specially authorized.
Sec. l6l. Every executor or administra-
tor shall be chargeable in his own account,
with the whole estate Of the deceased
which may come into his possession, at the
value of the appraisement contained in the
inventory, except as provided in the follow
ing sections, and with all the interest, prof
it and income Of the estate.
Sec. 1872. He shall not make profit by
the increase, nor suffer loss by the decrease
or destruction without his fault Of any part
Of the estate.
He shall account for the excess when he
shall have sold any part of the estate for
more than the appraisement, and if any
has been sold for less than the appraise-
ment he shall not be responsible if the sale
has been justly made.
Sec. 1853. No executor or administrator
shall be accountable for any debts due the
estate If it shall appear that they remain
uncollected without his fault.
Sec. l64. He shall be allowed all nee
essary expenses in the care, management
and settlement of the estate and for his
services such fees as the law provides, but
when the deceased by will shall have made
some other provision for the compensation
Of his executor, that shall be deemed
full compensation for his services unless he
shall by written instrument fled in the
probate court, renounce all claim for COM
pensation provided by the will.
Sec. l65. No administrator or executor
shall purchase any claim against the es-
tate he represents, and if he shall have
paid any claim for less than its nominal val
DC be shall only be entitled to charge in
bis account 90 much as he shall have actu-
ally paid.
Sec. l66. When no compensation shall
have been provided by will, or the exec
utor shall renounce his claim thereto he
shall be allowed commission upon the whole
estate, accounted for by him as follows ::
For the first one thousand dollars, at the
rate Of seven per cent for all above Chat
sum and not exceeding two thousand dol
lars, ct the rate of five per cent, for all
above that sum at the rate of four per
cent, and the samo commission shall be al
lowed TO administrators. In all cases such
further allowance may be made as the pro-
bate judge shall deem just and reasonable,
for any extraordinary services not required
Of an executor or administrator in the
common course Of his duty; provided, that
the total amount Of such allowance shall
not exceed the amount Of commission al
lowed in this section.
Sec. l67. Within six months after his
appointment and thereafter at any time
when required by the court either upon its
own motion or the application of any per-
son interested in the estate, the executor
or administrator shall render for the infor-
nation Of the court an exhibit, under oath,
showing the amount of money received and
expended by him, the amount Of all claims
presented against the estate and the names
Of the claimants and all other matters ne
cessary to show the condition of its affairs.
Sec. l6S. If the executor or administra-
tor fail to render an exhibit within six
months as required in the last preceding
section it shall be the duty Of the probate
jndge to issue q citation requiring him to
appear and render it.
Sec. l69. Any person interested in the
estate, may at any time before the final
settlement Of accounts present his petition
to the probate Judge. praying that the ex-