Daily globe., 1881-03-19
5Si5

AN ACT to amend sections g. IS, 40 and 81. of chat
ter 81 general statutes isTSl relating = to sales
lands by executors, administrator ana guaruiaIi'
Be is enacted by the Legislature OF Inc Ssate OF
Section i. THAT section . of chapter 81 of the
general statutes OF 1878 be amended so as TO read as
Sees If the judge of probate is satisfied, after a
full hearing upon the petition, and an examination
of the proofs and allegations of the parties inter-
real estate is necessary for the payment of valid
claims against the deceased and charges OF admins
traion if such sale is assented to by all persons
interested, he shall thereupOn make an order OF
sale the executor or s I roo to
estate described in the petition he deems neces-
3g order iu in ease an order of license
has already been granted, direct the executor or
many SUBDIVISIONS, parts or portions in the
opinion OF the judge OF probate may be best calcu.
money on sae and It the judge
of probate necessary or beneficial to the INTERESTS OF
executor or administrator to subdvide any tract or
parcel OF land into lots and to lay Off sucn streets
and upon the approval Of plat of such subdivision
by the judge OF probate the executor or admins
then existing law in relation to town plats; and
where whenl plat of such subdivision Is duly re-
county in which such real estate is situated accord
ing to law, and said executor or administrator shall
that in the executor administrator has been
licensed sell such real estate private sale the
tract OF lot to be- sold shall be appraiser as
qured by law and such tract or LOO shall be sold
for less than its full appraised value.
Sec q That section Is of chapter 81 of the gen.
era statutes of ISIS be amended SO as to read as
See. Is. Sales and conveyances of land made by
executors and administrators, pursuant to the pro,
charges thereon by mortgage or otherwise. exisnng
ut the time OF The death OF tne testator or
and in case the estate OF the deceased is IN any way
liable for the amount secured by such mortgage, OF
Tor 10 any nge aee n e S ee
bond to the executor or administrator as required
IN the case OF sale OF 70 19r ne @ Se
aness the land or interest therein so sold Shall be
incumbrance or charge by the owner or holder
thereof upon the payment to him OF the proceeds OF
satisfy such incumbrance or charge; or the execu-
administrator may sell the whole or any part
The deceased in any lot tract of land charged with
any lien or incumbrance, and upon the release OF
cumbrance apply the proceeds of such sale or sales
towards the payment of such charge, lien or incum-
or administrator shall account for any balance re-
manning after such payment as proper proceeds @ Of
not be required to give any bond
Sec. g. That section 40 Of chapter of the general
statutes lsS be amended by adding thereto. and at
Provided that unless the order of license to sell
shall be given, no such notice shall be required.
Sec. 4. That section 81 of said chapter 81 be
Sec. 81. Sales not to be avoided, when.-In case
of action relating 20 any estate sold by ar execu-
person claiming under the deceased, in which the
ward or any person claiming under him. shall con,
the validity of the sale, it shall not be avoided
account of any irregularity in the PROCEEDINGS.
Provided it appears
First. That the executor administrator or guard
ian was licensed to make the sale, by the probate
court having Jurisdiction
Second. That he give bond which was approved
by the judge of probate, in case bond was required
lpOn granting license.
Third That he took the oath prescribed in this
chapter
Fourth. That he gave notice of the time and
MS n Chanfnr DrQSnrbp6.
notice required by the order of license; and
Fifth. THAT the premises were sold in the manner
frmed by the court, and that they are held by one
who purchased them in good faith
Sec. 5. That all the provisions of this act shall
apply as well to guardians sales as to executors or
administrators sales of real estate.
Sec. s. This act Shall take effect and be in force
from and after its passage.
Approved February %, 1881