The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1901-04-19

the same can be ascertained: the iega-
cies unpaid, if any; description of all
real estate except the homestead of
which the testator or interstate died
seized; the condition and value of the
respective portions or lots, the persons
interested in said estate. with their resi-
fact shall be stated. And if it is de
sired that said real estate, or any part
thereof, shall be sold for such reason,
then such petition shall state the facts
showing that it would be for the best
interests of the estate of the decedent,
and of all persons interested therein,
that the same be sold.
eral Statutes, 1884, (being section 1859 of
chapter 40 Of the General Laws of 1889,
as amended by. section IS Of chapter 116
of the General Laws of 1888, be and
the same is hereby amended so as to read
as follows:
II it appears py such petition that
there is not sufficient personal estate In
the hands of the executor or administra-
tor to pay the debts outstanding against
the deceased, the legacies or expenses
of administration, and that it is neces-
Sary to sell the whole or some portion or
the real estate for the payment Of such
debts, legacieS or expenses, or If 1t shall
appear to the court that 1t would be for
the best interests of the estate of the
decedent, and of ali persons Interested
therein, that the real estate described III
the petition, or any part thereof not
specifically disposed of by the will of
lilo u6C6uGIl, De SOuQ, Iu0 pIOUdO0 COuII
shall thereupon make an order directing
all persons interested in the estate 10
appear before it, at a time and place to
be specified, to show cause why a. Hcense
should not be granted to the executor or
administrator applying therefor, to sell
so much of the real estate Of the de-
ceased as shall be necessary to pay such
debts legacieS and expenses; or so much
of the same as may appear to the court
to be for the best interests of the estate
of the decedent and Of all persons inter
eSted therein.
Sec. 8. That section 457S of the Cen
eral Statutes, 1894, Cbeing section III of
chapter 46 of the General Laws of 1889.
be and the same lis hereby amended so
as to read as follows:
If it appears to the court that 1t IS
necessary to sell a part off the real estate
and that by the sale of such part the
residue of the estate, or some specific
injured, said court may license a, sale Of
the whole estate, or of such part thereof
as may be judged necessary, and most
for the interest of all concerned; or If 1t
the necessity for such sale, that 1t would
be for the best interests of the estate of
the decedent, and of all persons inter
ested therein, that the real estate de-
scribed in the petition, or any part there
Of not specifically disposed of by the
will Of the deceased, be Sold the probate
court may license g. sale Of the same.
Sec. 4. That section 1879 of the Cen
era1 Statutes 1894, Cbeing section 172 of
chapter 46 Of the General Laws of 1880,
be and the same is hereby amended so
as to read as follows:
License shall not be granted, If any
of the persons interested in the estate
give bonds to the judge of probate, in
such sum and with such sureties ais he
directs and approves, with condition to
pay all Of the debts legacies and the
expenses Of administration, so far as the
goods and chattels, rights and credits of
the deceased are insufficient therefor
within such time as the court may direct
but this section shall not apply to cases
wherein it is made to appear to the court
that it would be for the best interests of
the estate Of the decedent and of all
persons interested therein, that the said
real estate, or any part thereof, not spe-
citically disposed of by the will Of the
Sec 5. That section 1850 of the Cen
eral Statutes, 1894, Cbeing section 173 Of
chapter 46 of the General Laws Of 1880,
be and the same is hereby amended so as
to read as follows:
If the probate court is satisfied, after
full hearing upon the petition, and an
examination of the proofs and allegations
Of the parties interested, that a sale of
the whole or some portion of the real
estate is necessary for the payment of
debts, legacies or expenses of admins
tration, or if said court is satisfied that
it would be for the best interests of the
estate, and Of all persons interested
therein, that the said real estate, or any
part thereof, not specifically disposed of
by the will of the deceased, be sold, it
shall thereuDon make an order of sale
authorizing the executor or adminiEtra-
tor to sell the whole, or such part of the
real estate described in the petition as it
deems necessary, beneficial OF for the
best interests of all concerned.
Sec. 6. This act shall take effect and
be in force from and after its passage
Approved March p, 1901.