, 1854-06-03

aces, If there shall not be other sufficient
estate, except that specific deviSes or lega-
cies may be exempted, if it shall appear to
the court necessary TO carry into effect the
intention of the testator, if there shall be
other sufficient estate.
Sec. 1873. When the estate given by any
will has been sold for the payment Of debts
and expenses, all the devisees and legatees
shall be liable to contribute according to
their respective interests, to any devisee or
legatee from whom the estate devised to
him may be taken for the payment Of the
debts or expenses and the probate court,
when distribution is made, shall by decree
for that purpose, settle the amount Of the
several liabilities, and decree how much
each person shall contribute.
Sec l2g. If deceased person at the
time Of his death was possessed Of a con-
tract for the purchase Of lands, his interest
in such land, and under such contracts
may be sold on the application Of his exec
utor or administrator, in the same manner
Gs if he had died seized Of such lands !;
and the same proceedings may be had for
that purpose as are prescribed in this act,
in respect to lands Of which he died seized,
except as hereinafter provided.
Sec I30 Such sale shall be made SUBJ
ject to all payments that may thereafter
become due on such contracts and if there
be any such payments thereafter to be-
come due, such sale shall not be confirmed
7 by the probate Judge, until the purchaser
shall have executed bond to the execu-
tor or administrator, for his benefit and
indemnity, and for the benefit and indem-
nifty Of the persons entitled to the interest
Of the deceased, in the lands so contracted
for, in double the whole amount Of the pay
ments thereafter to become due on such
contract, with such securities as the pro-
i bate judge shall approve.
Sec. l3l. Such bond shall be condi-
toned that the purchaser will make all
payments for such land as shall become due
after the date Of such sale, and will fully
indemnify the executor or administrator
and the persons so entitled, against all de-
mands, costs and charges, and expenses,
by reason Of any covenant or agreement
contained in such contract but If there
be no payments thereafter to become due
on such contract, no bond shall be re-
quired Of the purchaser.
Sec. 1872 Upon the confirmation Of such
sale, the executor or administrator shall
execute to the purchaser on assignment Of
the contract, which assignment shall vest
in the purchaser, his heirs, and assigns, oil
the right, title, and Interest, Of the persons
entitled to the interests Of the deceased in
the lands sold at the time Of the sale, and
such purchaser shall have the same rights
and remedies against the vendor Of such
lands as the deceased would have had if
living.
Sec l33 If any person die having mort
gagged any real or personal estate, and shall
not have devised the same, or provided for
the redemption thereof by will, the pro-
bate court upon the application Of any per-
son interested, may order the executor or
administrator To redeem the estate out Of
the personal assets, il it should appear to
the satisfaction Of the court that such re-
demption would be beneficial to the estate,
and not injurious to creditors.
Sec. 1874. Ifsuch redemption be not deem
ed expedient, the court shall order such
property to be sold ct public sale, which
sale shall be with the same notice, and
conducted in the same manner as is required
in other cases Of real estate provided for in
this act, and the executor or administrator
shall execute a conveyance to the purch-
aser, which conveyance shall be efectual 10
convey to the purchaser all the right title
and interest which the deceased would
have had in the property, had not the
,on,o hos, p,orkpooad hv him end fhn NM
chase money after paying the expenses Of
sale shall first be applied to the payment
and discharge Of such mortgage, and the
residue in due course Of administration.
Sec. 1856. II there shall be any neglect
or misconduct in the proceedings Of the
executor or administrator in relation to any
sale by which any person interested in the
estate shall suffer damages, the party ag-
grieved may recover the same in suit up
on the bond Of the executor or administra-
tor or otherwise as the case may require.
Sec. 1876. Any executor or administra-
tor who shall fraudulently sell any real es-
tate Of his testator or intestate, contrary
to the provisions of this act, shall be liable
in double the value Of the land sold as dam
ages 10 be recovered in an action by the
person or persons having an estate Of in
heritance therein.
Sec. 1877. No action for the recovery Of
any estate sold by any executor under the
provisions Of this act, shall be maintained
by any person claiming under the deceased
testator or intestate unless it be commen-
ced within three years next after the sale
Sec. 1873. The preceding section shall
not apply to minors or Others under any
legal disability to sue at the time when the
right Of action shall first accrue, but all
such persons may commence such action at
any time within three years after the reno