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

of last illness, debts having prefer
ence under laws of the United
States, and taxes, the representative
by order of the court may pay the
same In the order named, and file
his final account with his petition
for the settlement and allowance
thereof. Thereupon the court with
or without notice may adjust, cor
rect, settle, allow, or disallow such
account, and if the account be al
lowed, summarily determine the
heirs, legatees, and devisees in its
final decree assigning to them their
share or part of the property with
which the representative is charged
upon the allowance Of his final &C
count, and close the administration.
If upon the hearing Of a petition
for summary assignment or distri-
button, for special administration,
general administration, or for the
probate of a will, the court deter
mines that there is no need for the
appointment Of representative
and that the administration should
be closed summarily for the reason
that all of the fkseperty in the
estate is exempt from all debts
and charges in the probate court,
q final decree may be entered, with
or without notice, assigning such
property to the persons entitled
thereto pursuant to the terms Of the
will hn Z
to the law of intestate succession
In force at the time of the de-
cedent'S death"
Section II. Laws 1885, Chapter 70,
Section lat, is hereby amended so
as to read as follows:
"A representative may file petit
ton to sell, mortgage, or lease al
leging briefly the facts constituting
the reasons for the application and
describing the real estate involved
therein. The petition may include
all the real estate Of the decedent
or ward or any part or parts there
Of. 1t may apply for different au-
thority as to separate parcels. 1t
may apply in the alternative for
authority to sell, mortgage, or lease.
Upon the filing Of such petition,
the court shall fix the time and
place for the hearing thereof. No
tice of the hearing shall state
briefly the nature of the application
made by the petition and shall be
given pursuant to Article XIX, Sec
ton 1873. Upon the hearing, the
court shall have full power to direct
the sale, mortgage, or lease OF all
the real estate described in the
petition, or to direct the sale, mort
gage, or lease Of any one or more
parcels thereof, provided that any
such direction shall be within the
terms of the application made by
the petition"
Section 10. Laws 1885, Chapter 70,
Section 148, is hereby amended SO
as to read as follows:
"The order shall describe the real
estate to be sold, mortgaged, or
leased, and may designate the Sc
uuence in which the several parcels
shall be sold, mortgaged, or leased.
If the order be for sale, 1t shall
direct whether the real estate shall
be sold at private sale or public
auction. When the purpose OF a
sale, mortgage, or lease is to pay
debts, requests, or other items, the
real estate shall be sold, mortgaged,
or leased in the following sequence:
Cd real estate devised charged with
the payment of such debts, be-
quests, or other items CD real es-
tate not specifically devised CD
real estate specifically devised but
not so charged. An order to mort
gage shall fix the maximum amount
of the principal and the maximum
rate of interests and shall direct
the purpose for which the proceeds
shall be used. An order for sale,
mortgage, or lease shall remain in
force until terminated by the court,
but no private sale shall be made
after one year from the date OF the
order unless the real estate shall
have been reappraised under order
of the court within three months
preceding the sale"
Section 10. Laws 1885, Chapter 70,
Section 149, is hereby amended so
as to read as follows:
THE court may order sale OF
real estate for cash, part cash and
a purchase-money mortgage Of not
more than fifty per cent OF the
purchase price, or on contract Tor
deed. The initial payment under a
sale on contract shall not be less
than ten per cent Of the total
purchase price, and the unpaid
purchase price shall bear interest
at a rate of not less than four
per cent per annum and shall be
PAYABLE in reasonable monthly,
quarterly, semi-annual, or annual
payments, and the final installment
shall become due and payable not
later than ten years from the date
of the contract. Such contract shall
provide for conveyance by quit
claim deed, which deed shall be
executed and delivered upon full
performance of the contract without
further order of the court. In the
event of termination Of the interest
of the purchaser and his assigns
In such contract, the real estate
may be resold under the original
order and reappraisal within
three months preceding the sale. A
sale of the vendors interest in real
estate sold by the representative on