Askov American. [volume] (Askov, Pine County, Minn.) 1914-current, 1937-05-06

the real estate, or if so sold, mort
gagged, or leased, the proceeds shall
be assigned or distributed to the
same persons and in the same pro-
portions as if it had been part Of
the personal estate of the decedent,
unless otherwise provided in the
will"
Section Is. Laws 1888 Chapter II
section lis is hereby amended so as
to read as follows:
Upon the filing of such petition,
the court shall fix the time and
place for the hearing thereof, no
tice of which shall be given pur-
Slant to Article XIX, Section 1873,
except as provided IN Sections 70,
ia, and 125. Unless otherwise or
dered, the representative shall, and
other persons may, be examined
relative to the account and the dis
tribution of the estate. II all taxes
payable by the estate have been
paid so far as there are funds to
pay them and the account is cor
rect, it shall be settled and allowed;
if incorrect, it shall be corrected
and then settled and allowed.
Upon such settlement and allow
ance the court shall determine the
persons entitled to the estate and
assign the same to them by its
decree. The decree shall name the
heirs and the distributes, describe
the property and state the proper
/ lion ~ fhnrnnf 70 VIII nL1 ~,
is entitled. In the estate Of teState
decedent, no heirs shall be named
| in the decree unless all Of the heirs
be ascertained. No final decree shall
be entered until after the deterniin-
alton and payment Of Inheritance
taxes except as provided in Section
1879.
If all Of the creditors have con-
sented in writing, the court witt
or without notice may assign the
estate, if insolvent, without cor
version thereof into money. to such
creditors in the proportions to
which each is entitled.
Upon its own motion or upon
the request of any party. without
the determination Or payment Of
inheritance taxes, the court may
enter an introductory decree, de-
| ternining the persons entitled to
he estate, naming the heirs and
distributes, describing the property
md stating the proportions or part
thereof to which each IS entitled.
Such interlocutory decree shall be
final as to the persons entitled to
distribution, and as to the part or
portion Of the estate each is en-
titled to receive, but It shall not
have the effect of assigning the
estate to such persons"
Section IA. Laws 1885, Chapter 70,
Section 121, is hereby amended so
as to read as follows:
whenever a representative be-
comes insane or otherwise mentally
incompetent, or unsuitable, incom-
petent, Or incapable of discharging
his trust, or has mismanaged the
estate, or has failed to perform
any duty imposed by law or by any
lawful order Of the court, or has
absconded, or has ceased to be a
resident of this state, the court may
remove him. The court on It's own
motion may, and on the petition
of any person interested in the es-
tate shall, order the representative
to appear and show cause why he
should not be removed. Service Of
such order may be made either
upon the representative or his sure
ties, personally or by mailing a copy
to him or any Of them at the ad-
dress given in the file, or in such
other manner as the court NAV
direct"
Section Is. Laws 1885, Chapter Y,
Section 1914, is hereby amended so
as to read as follows:
Section 124. Whenever any rep
resentative has paid or transferred
to the persons entitled thereto all
of the property in the estate, paid
all taxes required to be paid by him
and has filed proof thereof, and has
complied with all the orders and
DEGREES of the court and with the
provisions Of law, and has other
wise fully discharged his trust, the
court shall finally discharge him
and his suretieS. Whenever any be-
quest or devise to testamentary
trustee amounts to more than i've
hundred dollars, and the will con-
tains no express waiver, the repre-
sentative shall not be discharged
until a trustee has qualified in a
court Of competent Jurisdiction and
until proof Of such qualification
and a receipt by the trustee have
been filed. No representative who
has received any funds for death
by wrongful act shall be discharged
until he has filed certified copy
of the order, judgment, or decree OF
distribution Of the court wherein
such funds were recovered. and
vouchers from the persons entitled
to such funds, or copies thereof,
certified by the clerk of such court.
Provided, that whenever a minor
child shall receive personal prop
erty not to exceed the sum Of $500,
the Judge of Probate Court may
order and direct representatives OF
estates to make payment thereof
to the parent or parents, custodian,
or the person, corporation or in
stitution with whom such minor
child may be, for the benefit, sup
port, maintenance and education
of such minor child, Or may direct
the deposit thereof in a savings
bank in the name Of such minor
child, and when so deposited in a
savings bank, the book showing such
deposit to be retained by the Pro-
bate Court, and no funds shall be
withdrawn from such savings bank
until S11ch minor child shall have