, 1854-06-03


be necessary to be sold to pay the allow
ance made to the family Of the deceased.
II claims against the estate have been al
lowed, and sale Of property shall be ne
cessary for their payment or Of the expen-
ses of the administration, he shall also ap-
ply for an order to sell so much Of the per-
sonal estate as shall be necessary. He shall
make similar application giving at least
two weeks previous notice in newspaper
in general circulation in the county where
letters were granted or by posting written
or printed notices thereof in ten of the
most public places in the county from time
to time, so long as any personal property
remains in his hands, and o sale is neces-
sary to pay any demands against the estate.
Sec. 100. If it appear to the court that
a sale is necessary, it shall so order. In
making such sale the court shall order such
articles as are not necessary for the support
and subsistence of the family of the de-
ceased or not specially bequeathed, to be
first sold.
Sec. l0l. Sales of personal property
shall be made at public auction and after
notice given for at least two weeks, which
notice shall be given by notices posted in
the public places in the county or by pub
LEGATION in a newspaper if the judge shall
so order, in which shall be stated the time
and place of sale.
Sec. l02 If it be made to appear to the
satisfaction of the probate court, that it
will be for the interest Of the estate to al
low the executor or administrator to sell
some small portion or the whole Of the
personal estate at private sale the court
may so order
Sec. l03. When the personal estate in
the hands of the executor or administrator
shall be insufficient to pay the allowance
to the family, and all the debts and charges
Of the administration, the executor or adj
ministrator may sell the real estate for that
purpose upon the order of the judge of pro-
bate to obtain such order, he shall present
petition to the probate court setting
forth the amount Of the personal estate that
has come to his hands and how much il
any remains undisposed Of, list and the
amounts of the debts outstanding against
deceased as the far as the same can be as
certained, a description Of all the real es-
tate OF which the testator or intestate
died seized, the condition and value Of the
respective lots and portions, the names and
ages Of the devisccs ifany, and Of the heirs
Of the deceased, which petition shall be
verified by the oath Of the party present.
ing the same.
Sec. 104. If it shall appear by such
petition that there is not sufficient person
al estate in the hands Of the executor or
administrator to pay the allowance to the
family, the debts outstanding against the
deceased and the expenses Of administra-
ton and that it's necessary to sell the
whole or some portion of the real estate
for the payment Of such debts, the probate
judge shall thereupon make an order d.
recting all persons interested to appear be-
fore him at time and place specified not
less than four nor more than eight 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 de-
ceased as shall be requisite to pay such al
lowance, charges and debts.
Sec. los. A copy Of such order to show
cause, shall be personally served on all per-
sons interested in the estate at least ten
days before the time appointed for hearing
the petition, or shall be published at least
four successive weeks in such newspaper as
the court shall order, provided however,
if all persons interested in the estate shall
signify in writing their assent Of such sale
the notice may be dispensed with.
Sec. log. The probate judge, at the
time and place appointed in such order,
or at such other time to which the hearing
may be adjourned, upon proof of the due
service or publication Of copy Of the or
der, or upon filing the consent in writing to
such sale, Of all parties interested shall
proceed to the hearing of such petition ;
and If such consent be not fled, shall hear
and examine the allegations and proofs Of
the petitioners, and of all persons interes-
ted in the estate who may oppose the ap-
plication.
Sec. lO7. If any Of the devisees or
heirs Of the deceased are minors, and have
a general guardian in the county, the copy
Of the order shall be served on the guar
dian. If they have no such guardian, the
court shall before proceeding to act on the
petition, appoint some disinterested person
their guardian, for the sole purpose of ap-
pearing for them and taking care Of their
interests in the proceedings.
Sec. l0s. The executor or administrator
may be examined under oath, and wit
nesses may be examined by either party,
and process may be issued to compel their
attendance and testimony, by the probate
court, in the same manner and with like ef-
feet as in other causes.
Sec. IO9. If it shall appear to the court
that It is necessary to sell part Of the real
estate, and that by sale Of such part, the