Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1911-04-26
1924 Fort Street
ACT 121.

PRovrDING SALE REAL PROPERTY BY Executors
AND ADMINISTRATORS AMENDING SECTION 1855
REVISED LAWS OF HAWAII, ADDING TO SAID REVISED
LAWS Two New SECTIONS TO BE KNOWN AS SECTIONS
lSj5A lSj5B.
BE Enacted by lie Legislature Of The Territory of Hawa:
SECTION l. Section 1855 of the Revised Laws of Hawaii is
hereby amended to read as follows: '.
Section 1855 Whenever shall appear be for the best
interests of the and inconsistent with the WILL if any,
of the deceent sell real property before eXhasng the per
sona property for the payment of debts the executor adj
minstraor sell the real property much thereof as
may be necessary for the purpose of paying debts due by the
estate, and shall apply the proceeds thereof far may be
necessary to said purpose upon obtaining license therefor
and proceeding in the hereinafter provided In every
such the residue of the proceeds of shall be considered
real property and together with personal property of the
equal far the is sufficient in imvcnored value
to the amount of the proceeds expended in the payment of
debts shall be distributed among the persons and in the
proportions the real property would have bccn if it
had been Sold that the value of the portions of the
received by the persons entitled share therein SHALL
possible amount To the if personal instead of real
property had been sold
SECTION section is hereby added said Revised
Laws to be known Section lS55A as follows:
Secon S55A The executor or administrator shall present
to the judge having jurisdiction of the petition setting
forth the condition Of the and the facts and circumstances
which the petition is founded tending show the necessity
expedency of the ae and if it shall appear tho Judge
the estate that the real property part thereof should
be sO the Judge grant license therefor No such license
shall be granted until notice by public advertisement other
WISE the Judge shall order shall have been given the
of kin of the deceased and all persons interested in the estate
appear and show why the should be granted"
SECTION section Is hereby added to said Revised
Laws, to be known Section 1S55B, as follows:
Section 1S55 Every administrator licensed
to sell real property shall give bond the Judge with suci
en suretes conditioned sell the and dispose of the pro-
ceeds in the provided by law He shall his best
judgment in fixing the time and place of SALE and shall his
utmost endeavors dispose Of the property in such
will be most for the advantage of the He shall
notice of the time and place of sale the property Sold
and shall like notice of the time and place of sale
to be published in newspaper of general circulation the
island where the property is situate week for each of
three successive weeks the last publication be less than
day previous 10 the day of SALE All such sales shall be
public auction to the highest bidder subject confirmation
hereinafter provided Upon of any such sale the
ecnor administrator shall obtain from the Judge order of
confirmation of the sale before making conveyance real
property sold. The order confirming the sale shall be given
upon affirmative proof that the license has been fully carried
out and that the highest bid fair and Just price for the
property sold"
SECTION A. This Act shall take effect on the date of its APP
proval.
Approved this 2ls day of April, A. D. 1911
WALTER +. FREAR