Page images
PDF
EPUB

SECTION

6. Hearing of petition.

7. Provisions as to infant devisees or heirs. 8. Court may order part or whole to be 9. J sold.

10. Executor, &c, to file bond.

11. What the order shall specify.
12. Creditor may file a petition.

13. Court may appoint other than executor
or adininistrator to make sale.
14. Notice of time and place of sale.
15. Executor, &c., to return his proceedings.
16. Sale to be confirmed if fairly made.
17. Conveyances to be made by executor.

SECTION

18. When sale on credit, notes and real estate security to be taken.

19. Order may be obtained for sale to pay legacy.

20. Mortgages and liens to be first paid. 21. Provision as to limitation.

22. Surplus to be considered as real estate. 23. Real estate of a deceased person assets for the payment of his debts.

24. Liability of heir or devisee.

25. Land devised or descended, when not liable after alienation.

26. Liens not affected.

SECTION 1. When real estate or any interest therein is devised by will or directed to be sold for the payment of debts or legacies, the executor shall proceed to dispose of the estate and apply the sums according to the provisions of the will.

SEC. 2. When any real estate or interest therein is given or devised by any will legally executed to the executors therein named, or any of them, to be sold by them, or any of them, or where such estate is ordered by any will to be sold by the executors, and any executor or executors shall neglect or refuse to take upon him or them the execution of such will, then all sales made by the executor or executors who shall take upon himself or themselves the execution of such will, shall be equally valid as if the other executor or executors had joined in such sale.

SEC. 3. Whenever any executor or administrator shall discover that the personal estate of the decedent is insufficient to pay the liabilities thereof, the circuit court shall order to be sold the whole or any part of the real estate of the deceased, upon such executor or administrator filing a petition therefor setting forth:

1. The amount of personal property that has come into his hands; 2. The amount of the debts outstanding against the estate of the deceased, and the insufficiency of the personal estate to pay the same; 3. A description of all the real estate of the deceased, and the condition and value of the respective portions and lots;

4. The names and ages of the heirs, legatees, or devisees, if any, of the deceased; or if they are unknown, the fact shall be so stated; 5. Such clauses in the will, if there be any, as require a distribution of the personal, making it necessary to sell the real estate to pay such liabilities.

SEC. 4. Upon the filing of any such petition, said court, or any judge thereof, may make an order directing all persons interested to appear before said court, at a time and place specified, to show cause why an order should not be granted for the sale of so much of the real estate of the deceased as shall be necessary to pay such debts.

SEC. 5. A copy of the order to show cause shall be personally served on all persons interested in the estate at least ten days before the time appointed for hearing the petition, or shall be published in such newspaper, and for such length of time, as shall be designated by the court or judge making such order.

SEC. 6. The court, at the time appointed in such order, or at such other time as the hearing may be adjourned to, upon proof of the due service or publication of a copy of the order, or upon filing the consent, in writing, to such sale, of all parties interested competent to consent, shall proceed to the hearing of such petition; and if such consent be not filed, shall hear and examine the allegations and proofs of the petitioner, and of all persons interested in the estate who may oppose the application.

SEC. 7. If any of the devisees or heirs of the deceased are minors and have a guardian, the copy of the order shall be served on the guardian if he be within this District. If they have no guardian, the court shall, before proceeding to act upon the petition, appoint some person as their guardian ad litem.

SEC. 8. If it shall appear to the court that it is necessary to sell a part of the real estate, and that by a sale of such part the residue of the estate, or some specific part or piece thereof, would be greatly injured, the court may authorize the sale of the whole estate, or of such part thereof as may be judged necessary and most for the interests of all concerned.

SEC. 9. If the court shall be satisfied, after a full hearing of 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, or if such sale be assented to by all the persons interested, the court shall make an order of sale authorizing the executor or administrator to sell the whole, or so much and such parts, of the real estate described in the petition, as it shall judge proper.

SEC. 10. Previous to the making of an order for any such sale, the

executor or administrator shall file in the office of the clerk of the circuit court a bond, payable to the United States, in a penalty not less than double the value of the real estate to be sold, with sufficient sureties to be approved by the court, and conditioned for the faithful discharge of his trusts and the proper administration of the assets arising from the sale of such real estate.

SEC. 11. The order shall specify the real estate to be sold, and the terms of sale, which may be either for cash or on a credit not exceed

direct.

If it

If it appears that any not charged in such

ing twelve months, as the court may direct. part of such real estate has been devised and devise with the payment of debts, the court shall order that part descended to heirs to be sold before that so devised.

SEC. 12. Any creditor, upon filing a petition therefor, verified by affidavit, setting forth the amount of the personal estate, the insufficiency of such personal estate to pay the debts outstanding, a description of the real estate of the decedent, the names and ages of the heirs, devisees, or legatees, if they be known, and if not known, so stating, may have an order for the sale of such real estate by the executor or administrator, under the same regulations as are provided in case of an application to sell real estate by an executor or administrator. Notice of the filing of such petition shall be given to the executor or administrator, and he shall be made a party to such proceeding.

SEC. 13. The circuit court may, in its discretion, upon such petition being filed by either the executor, administrator, or creditor, appoint any person other than the administrator or executor to make the sale, and such person, before proceeding to sell, shall give such bond as is herein before required of an executor or administrator.

SEC. 14. When a sale is ordered, such notice of the time and place of sale shall be given as is prescribed in relation to sales of real estate upon execution.

SEC, 15. The executor, administrator, or other person making any sale of real estate as aforesaid, shall, at the next term of the circuit court, make a return of his proceedings. Any person interested in the estate may file written objections to the confirmation of the sale, and may be heard and may produce witnesses in support of his objections.

SEC. 16. If it appear to the court that the sale was legally made

and fairly conducted, the court shall make an order confirming the sale, and directing conveyances to be executed, and such sale from that time shall be confirmed and valid. If the court shall be of opinion that the proceedings were unfair, the sale shall be vacated, and another be directed to be had.

SEC. 17. Conveyances shall be executed to the purchaser by the executor, administrator, or other person making the sale. They shall contain and set forth the orders authorizing and confirming the sale and directing the conveyance, and shall be deemed to convey all the estate, right, and interest of the testator or intestate in the premises at the time of his death.

SEC. 18. When the sale is made upon a credit, notes of the purchaser for the purchase money, shall be taken, with a mortgage or deed of trust on the premises to secure their payment.

SEC. 19. When a testator shall have given any legacy by will that is effectual to pass or charge real estate, and his personal estate shall be insufficient to pay the legacy together with his debts, the executor or administrator with the will annexed may obtain an order to sell his real estate for that purpose, in the same manner and upon the same terms as are prescribed in this chapter in case of a sale for the payment of debts.

SEC. 20. When any sale is made pursuant to the provisions of this chapter, of real estate subject to any lien or mortgage, the purchase money shall be applied, after paying the necessary expenses of the sale, first to the payment and satisfaction of the mortgage or lien, and the residue in due course of administration. The court, however, in its discretion, may order the real estate to be sold subject to the mortgage or lien.

SEC. 21. No action for the recovery of any estate sold under the provisions of this chapter shall be maintained by any heir or other person claiming under the deceased testator or intestate, unless it be commenced within three years after the sale. This section shall not apply to minors or others under any legal disability to sue at the time when the right of action shall first accrue; but all such persons may commence such action within three years after the removal of the disability.

SEC. 22. In all cases of a sale of a part or the whole of the real estate of a testator or intestate by virtue of the provisions of this

chapter, the surplus of the proceeds of sale remaining on final settlement shall be considered as real estate, and shall be disposed of among the same persons and in the same proportion as the real estate would have been by the laws of this District, if it had not been so sold.

SEC. 23. All the real estate of any person as to which he may die intestate, or which, though he die testate, shall not by his will be charged with, or devised subject to the payment of, his debts, or which may remain after satisfying the debts with which it may be so charged or subject to which it may be so devised, shall be assets for the payment of the deceased's debts and all lawful demands against his estate, in the order in which his personal estate is directed to be applied.

SEC. 24. Any heir or devisee who shall sell and convey any real estate which may be assets for the payment of debts or demands. against the estate of a deceased person, shall be liable to those entitled to be paid out of said assets, for the value thereof with interest.

SEC. 25. But no real estate thus descended or devised to such heir or devisee, and alienated by him in good faith after the final settlement of the personal estate of the ancestor or devisor, and before the commencement of an action to reach such assets and notice thereof, shall be liable. Notice of such action shall be given as is hereinafter required in section eight, chapter sixty-two.

SEC. 26. This chapter shall not affect any lien, by judgment or otherwise, acquired in the lifetime of the deceased, ancestor, or devisor.

CHAPTER 61.

OF THE SALE AND CONVEYANCE OF REAL ESTATE HELD BY INFANTS.

SECTION

1. When circuit court may order sale of infant's real estate.

2. Proceedings; what guardian to state in petition.

3. Who to be made defendants.

4. Allegations of petition not to be proved by admissions of answer.

5. Interest held in common, or as joint tenants; how sold.

SECTION

6. Interest in remainder, or reversion; how sold.

7. The circuit court may confirm any contract made on behalf of an infant, or the sale of his real estate.

8. If sale be made for maintenance, how proceeds disposed of.

9. How same disposed of, when the sale is for investment.

« PreviousContinue »