Ladysmith news-budget. [volume] (Ladysmith, Rusk County, Wis.) 1907-1927, 1913-08-22
Published June II, 1918.

1NO 900, 0J IL UDlloliCO uAS IL, IVAO.
CHAPTER $50, LAWS OF 1918.
AN ACT-To repeal section 3S74a; and
to amend sections 1874, 1876, 1885, par
agraphs ca, CD and Cd of section
1881, and the first and last paragraphs
of section 1884 of the statutes, all re-
lating to sales of land by executors
and administrators.
The people of the State of Wisconsin,
represented in Senate and Assembly,
do enact as follows:
pealed.
Section 2. Section 1874 of the statutes
is amended to read: Section 1874. When
the personal estate of any deceased per
son in the hands of his executor or ad
ministrator shall be insufficient to pay
the expenses of administering his estate,
expenses Of his last sickness and funeral
and all his debts, his executor Or
administrator, for the purpose of such
payment, may mortgage, lease or sell his
real estate, other than his homestead
81 and also his homestead when that is
subject to or charged with any part Of
such expenses or debts. on obtaining a
license therefor and proceeding therein
in the manner provided in this chapter.
Section 8. Section 1915 Of the statutes
is amended to read: Section 1875. In
order to obtain such license the executor
or administrator shall present a petition
verified by himself to the county court
from which he received his appointment,
setting forth the amount Of personal es-
tate that has come to his hands and how
much thereof, if any, remains undiSpOsed
of; the amount of the expenses of ad-
ministration, Of the expenses of the last
sickness and funeral, and Of the debts
outstanding against the deceased SO far
as such expenses and debts can be
ascertained; a description of all the real
estate of which the testator or intestate
died seized and the condition and value
of the respective parcels thereof; and
the names of the heirs, designating those
that are minors, if any, and if there be
unknown heirs, stating the fact.
Section 4. Section 1876 of the statutes
is amended to read: Section 1876. If it
shall appear by. such petition that the
personal estate in the hands of the ex-
ecutor or administrator is insufficient to
pay in full the expenses and debts speci-
fed in section 1874, and that it is
necessary to sell or cucumber the whole
Or part of the real estate for the payment
thereof, or of some part thereof, the
county court shall make an order fixing
the time and place, to be therein named,
not less than three weeks from the time
of making such order, when and where
such petition will be heard.
Section 5. Subsection (2) of section
1881 of the statutes is amended to read ::
(Section 3S8D (2) That the debts or
expenses, or both, for the purpose of sat
isfying which the application is made
are justly due and owing.
Sections 6. Subsections CD and ca OF
section 1881 of the statutes are CONSOLE
dated, revised and amended to read
(Section 388D (3). That the personal
estate of the deceased is insufficient for
the payment of such debts or expenses,
or such debts and expenses as the case
may be.
Section 7. The first paragraph of Sec
ton 1884 of the statutes is amended to
read: (Section $3.50 Whenever the
homestead Of the deceased is part only
of a tract of land, the whole of which
was subject to a mortgage at the time
of the death of the deceased, and it shall
appear that all other real estate and per-
sonal property of the deceased has been
applied to the payment of his debts and
the expenses specified in section 1874 or
is insufficient therefor and that the part
of the mortgaged premises not included
in the homestead cannot be sold sepa-
rately therefrom without injury to the
interests of the parties the court may
grant a license for the sale of the whole Of
the tract; or if part of the tract can be
sold separately, and only part is neces-
sary to be sold in connection with the
homestead to prevent such injury, then
a license to sell such part separately first,
which can be so separately sold, and
the remainder afterwards. may be grant
ed The order of license, in either case,
shall direct that the entire estate or in
terest, including the interest of the
mortgage, be SO sold; but no such IL
cense to sell shall be made when the
mortgage debt Is not wholly due unless
the mortgage shall consent in writing
thereto; if such consent is given and the
sale is made for less than the amount Of
such debt with interest and costs OF sale