, 1854-06-03

Sec. l43. Executors and administrs,O,.
may maintain actions against any perroS
who shall have wasted, DESTROYED. taLs~
carried away or converted into bis own p,s
the goods Of their testator or intestate n
his lifetime, also may maintain actions e.,
trespass committed on the estate Of The ~.
ceased during his lifetime.
Sec. l44. Any person OF his personal
representatives shall have an action aoaInss
the executor or administrator Of any teSia.
tor or intestate, who in bis lifetime sbelI
have wasted, destroyed, taken or carried
away or converted to his own use IN
goods and chattels Of any such person. or
committed any trespass on the real estate
Of such person.
Sec. las. Any administrator nav in n,
own name for the use and benefit Of all par.
ties interested in the estate maintain A..
tions on the bond of an executor or Of sDv
former administrator of the same estate
Sec. l46. Whenever a debtor Of a de.
ceased person shall be unable to pay all bis
debts, the executor or administrator mar
with the appreciation Of the probate judge
compound with him and give him ds.
charge upon receiving fair and Just div.
dend Of bis effects.
Sec. l47 When there shall be des
cheney Of assets in the hands Of an executor
or administrator, and when the deceased
shall in his lifetime have conveyed any real
estate, or any right or interest therein
with intent to defraud his creditors ofte
avoid any right, duty or debt Of any person
or shall have so conveyed such estate thai,
by law the deeds or conveyances are yuid
as against creditors, the executor OF "a.
ministrator may, and it shall be bis dutyio
commence and prosecute to final judgment
any proper action for the recovery Of the
same, and may recover for the benefit b
the creditors all such real estate 50 fraudu.
lently conveyed, and may also for the bei
eft Of the creditors, sue and recover all
goods, chattels, rights and credits which.
may have been so fraudulently conveyed
by the deceased in bis lifetime, Whatever
may have been the manner Of such ifaude.
lent conveyance. N1a Va
Sec. l4S. No executor or adminlstru-
tor shall be bound to sue for such estutem
mentioned in the preceding section, for ths
benefit Of the creditors, unless on applica.
tion Of the creditors Of the deceased, nor
unless the creditors making such application
shall pay such part of the costs and expeb,
ses or give such security to the executorOr
administrator thereof as the probate judge
shall direct. 4. -,
Sec. l49. The real estate 30 recovered
shall be sold for the payment Of debts a.
the same manner as Il the deceased had,
died seized thereof upon obtaining an order
therefor from the probate court, and ihs
proceeds Of oil goods, chattels, rights and
credits so recovered, shall be appropriated
in payment Of debts Of the deceased IN the,
same manner as other property ih the
hands Of the executor or administrator
OF THE CONVEYANCE OF REAL ESTATE nY
EXECUTORS AND ADMINISTRATORS m CIR
TAIN CASES. ~
Sec. $50. When any person who 4
bound by contract in writing 10 convey
any real estate, shall die before making The
conveyance, the probate court may make
q decree authorizing and directing thn
executor or administrator, to convey snch'
real estate to the person entitled thereto,
in all cases where such deceased person 4
living might be compelled to make such
conveyance. -..'. y,s-~
Sec. Isl. On presentation Of petition
Of any person claiming to be entitled g
such conveyance, from any executor Or ad-
ministrator, setting forth the facts upon,
which such claim is predicated, the probate
Judge shall appoint time and place for
hearing such petition, which shall be q
regular term Of the court, and shall order
notice Of the pending thereof, and tho
time and place Of hearing, to be published
at least four successive weeks next before
such hearing, in such newspaper IN shil
Territory as the court shall designate.
Sec. l52. At the time and place appolnr
ted for such hearing, or at such other'tini
as the same may be adjourned to, upon
proof by affidavit Of the due publicationot Of
the notice, the court shall proceed 70 =
hearing and all persons interested 10 tne
estate may appear and defend such peR
ton, by filing their objections in writing,
and the court may examine on oath n.
petitioner, and all who may be produesa
before him for that purpose. sts
Sec. 1853. After q full hearing upon
such petition, and objections and exam,
nation Of the facts and circumstance q
the claim, il the probate judge is Satlsnea
that the petitioner is entitled to convey
ance of the real estate described in his Ps
tition, he shall make a decree authorinng
and directing the executor or admlnlsnt
tor to execnte conveyance thereof 70 M
petitioner,
Sec. 1854 Amy person interested ny
appeal from such decree to the dls.1n
court for the same county, as in oln9
cases but If no appeal be taken non
such decree within the time limited lheis
for by law, or il such decree be eonhfnea