, 1854-06-03

mortgages, notes and other securities for
the payment Of money belonging to the de-
ceased, specifying the name of the debtor
in each security, the date, the sum origi-
nally payable, the endorsements thereon il
any, and their dates, and the sum which
in the Judgment Of the appraisers, may be
collectable on each debt, interest or secu
rity
See SO. The inventory shall also con
tain an account Of all moneys belonging TO
the deceased, which shall have come to the
possession or knowledge of the executor or
administrator and il none shall come TO
his possession or knowledge, the fact shall
be 50 stated in the inYentOryo,.5 ,t.l -..,
Sec. 60. The naming any executor IN
a will shall not operate as discharge FROM
any just claim which the testator had
against the executor, but the claim shall be
included in the inventory and the executor,
shall be liable for the same as for SO much
money in his hands at the time the debt or
demand became due .-. ....-. - ~
Sec. 6l. The discharge or bequest in
will Of any debt or demand Of tue testaior,
against any executor named in his viii or
against any other person, shall not he valid
against the creditors Of the deceased, but
shall be construed as a specific bequest Of
such debt or demand, and the amount there,
Of shall be included in the inventory and
shall if necessary be applied in payment of
his debts, if not necessary for that purpose
it shall be paid in the same manner and
proportion as other specific legaeits. u. n
Sec. 62 The inventory shall be signed
l,ttt ha aaA 10 IL
ministrator shall take or subscribe an oath,
before the probate judge, that the inEer-
tory contains true statement Of all the,
estate Of the deceased, which has come to,
his possession or knowledge, aud particular,
ly of oil monies belonging to the deceased,
and of all Just claims Of the deceased
against the executor or administrator, and
the oath shall be endorsed upon OF annexed
to the inventory. m I'D t...- .-r.t4,,
Sec. 63. If any executor or admins,
traitor shall neglect or refnse to return tho,
inventory within the time prescribed OF,
within such further time not exceeding,
three months as the court shall allow, the,
court shall revoke the letters testamentarJ,
or Of administration and the executor or
administrator shall be liable on bis bond
for any injury sustained by the estate
through bis neglect, b s5 m a7 ~
Sec. .64. Whenever property not men
toned in any inventory that shall have.
been made, shall come 10 the knowledge or
possession Ofthe executor or administered,
he shall cause the same to be appraised I'M
the manner prescribed in this chapter, aud,
an inventory TO be returned, subscribed and,
sworn TO; as is provided in section ~
of this chapter, within two months af,,
ter the discovery thereof and the making,
Of such inventory may be enforced after
notice, by attachment or removal from Office.
Sec IS. The executor or administrator,
shall have a right to the possession of all.
the real as well as personal estate Of the
deceased, and may receive the rents and,
profits Of the real estate until the estate
shall be settled or delivered over by order
Of the probate court, TO the heirs, or deli-,
sees, and shall keep in good tenantable re-,
pair, all houses buildings and fixtures there
on, which are under his control.
Sec. &C The personal estate Of the de-
ceased which shah come into the hands Of
the executor or administrator, shall be first
chargeable with the payment Of the debts
and expenses and if the goods, chattels,l
rights and credits in the hands Of the exc
cutor or administrator, shall not be suff.
cient to pay the debts Of the deceased,
the expenses Of administration and the
allowance to the family Of the deceased,2
the whole or SO much as may be neces-
sary Of the real estate, may be sold for
that purpose BY the executor or administers.
tor. in the manner prescribed N this act. 2
Sec. CT. If any person, before the gran
ting Of letters testamentary or administra-
ton. shall embezzle or alienate any Of the
MONEYS, goods, chattels or effects Of any