The weekly pioneer and Democrat. [volume] (Saint Paul, Minn. Territory) 1855-1865, 1865-03-10

|
| Approved Feb. "a, 1865.
An Act in relation to the Powers, Duties ant
Proceedings of Executors and Trustees ir
| certain cases.
BE" erected ns day the Legislature Of the State o,
SECTION I. Sales Of real estate, made by ex
ecutors or trustees. where the sameis or has beer
gwen or devised to them by any last will to be
n Of an
directed in such will, may be public or private,
ana on such terms as in the opinion of the exec.
t ator or trustee shall be most advantageous to
sec. z. Where any real estate within this
state, or any interest therein is of has been Civ.
en- or devised by any last will, legally executed,
therein naeG OK % nS trustee trustees
them, or where authority is or has been given by
any last Will to any executor or executors, trus-
tee or trustees to sell any real estate within this
state, or any interest therein, and such will shall
have been duly proved and allowed in any state,
territory or district of the United States accord
ing to the laws of such state, territory or dis.
thenticated under the seal of the court in which
the same shall have been proved, may be record
ed In the office Of the register of deeds Of any
county within this state in which there shall. be
any real estate on which such will may operate.
And letters testamentary shall have been is.
sued upon such probate, and the executor or ex.
ecutors named In the will shall have qualified and
taken upon themselves the execution thereof, a
copy Of such letters similarly authenticated, with
certificate of the officer authentica,ing the
same, that such executors have duly qualified and
taken upon themselves the execution of the will,
may also be recorded with the copy of such viii
and the probate thereof.
sec 9. The copy of any such will and the probate
thereof and letters testamentary, authenticated
tiicate in said section mentioned, the reeoid Of
such copy and certificate, or copy of such record
attested by the register of deeds of the county
where the same shall have been recorded, may be
used in evidence in all the courts of this state
without further proof, and shall have the like
force and effect as evidence as would the original
ricord thereof If such probate had been made and
county within this state, and pursuant to the
laws thereof.
Fec. 4. The executors and trustees named IN
such Will ehall, upon the recording of such copy,
Will, probate and letters, and such certificate, and
before any other of the acts hereinafter author
lied, publish in newspaper printed in the coun-
ty in which the said copy, will, probate and let.
corded, if there be one, and if there shall be no.
newspaper in such county, then in newspaper
printed in the city of st. Paul, at least once in
each week for four successive weeks, notice of
the fact of such record and that they will proceed
20 the execution of such will within this state,
unless objections shall be filed in the probate
court OF such county, at Or before day and hour
less than thirty days from the first publication
thereof.
Sec. S: If no such objections shall be filed at or
within the time prescribed in such notice, the
said judge of probate shall give to such executors
or trustees certificate of the fact, and such ex-
ecutors or trustees, upon procuring such certif.
cate together with proof Of the publication OF the
which may be by the affidavit Of the printer or his
foreman, showing the same to be recorded in the
office OF the register of deeds OF the county, may
proceed to the execution Of the said will and shall
AUfhNrifv md vxu,;kh
ence to any real or personal property belonging
to the estate of the testator within this state as Il
the will had been duly admitted to probate, and
in and by the probate court Of any county in this
state.
Sec. 6. But if objections shall be filedwithin
the time above prescribed by any person inter
OF probate of such county, at the expiration Of
such time-the day and hour named In such no.
tice-or at such other time as he may then az
touching any such objections. And If upon sucf.
hearing 1t shall appear to said judge that such ex-
ecutor or executors are bound by sufficient surety
or sureties in the state, territory or district in
proper discharge Of all their duties and obiga-
tions as such executor or executors, and if copy
Of their bond or ether security given duly anthem
ncatea, shau De Med In such probate court, then
said judge OF probate shall give to such executor
or executors certificate that satisfactory evil
dence of such security has been produced to such
probate court, and that copy Of such bond or
filed, and upon recording such certificate with the
proof OF notice mentioned in the preceding sec
ton In the office of the regs ter of deeds afore.
saa ene sara executor OF executors trustee or
will in the same manner and to the same extent
as If no objections had been fled
Sec. z. But If an authenticated copy of such
Dond or other security shall not be filed, as men.
toned in the preceding section or if it shall not
at such hearing be made to appear to the judge Of
probate that such executor or executors are SO
bound as mentioned in said section then such
execution of such will, shall give bond to the
Judge of probate, with sufficient surety or sure.
ties, to De approved BY such Judge, to faithfully
the estate of the testator within this
state, or the proceeds thereof, and the
proceeds of such real estate within this state as
they are BY the will authorized to SELL to the pay.
%ent of deb;s or legacies of the testator anc the
charges OF administration, according to the laws
OF the state, territory or district in which they
were appointed, and to faithfully and honestly
ecutors according to the best of their ability.
And when such bond shall have been approved
and filed by such judge of probate, he shall give
TO such executor or executors certificate of the
TACT, and upon recording such certificate with the
proof of notice mentioned in section five of this
act In the office of register of deeds of said coun-
~, the said executor or executors, trustee or
trustees, may proceed to the execution Of such
VIII IN the same manner as If no objection had
been fled.
Sec. 8. The original proof of notice, and the
several certificates Of the judge of probate, pro.
vtded for In the fifth, sixth and seventh sections
of this act as also the affidavit provided for In the
ninth section, the record thereof, or q CODY of
such record, attested by the register of deeds in
whose office the same shall be recorded, may be
read In evidence in all the courts of this state,
without further proof.
Sec. 3. The notice prescribed in the fourth
section OF this act shall be served upon the judge
OF probate of the county by leaving q copy there.
OF at the office of such probate judge or de-
ivering to the said judge personally copy there
Of at tan days prior to the expiration Of the
time therein mentioned for the fling of objec.
tons; and an affidavit Of such service made BY
the person serving the same may be recorded in
the Office of the register of deeds In the same
manner as the proof of the publication thereof.
Sec. 10. Such executor or executors, trustee
or trustees before selling any real estate, by vir
tue Of an authority contained In such WILL in any
county other than the county in which such COPY
ofthe will and other papers shall be first record.
ed, shall procure the same, or similar copies and
papers, to be recorded In the Office OF the regis-
ter of deeds of such other county; and when SO
recorded the record thereof, or copy Of such re.
cord, attested BY the register Of deeds, may be
read in evidence in the courts Of this state With
outfurther proof.