papers and evidences of title, so as to make the same as full and perfect as possible; which said inventory, when made, shall be filed in the office of the probate justice, as is required in other cases by this chapter.

SEC. 90. If any executor or administrator, or other person interested in any estate, nall state upon oath to any court of probate, that he believes that any person has in possession, or has concealed or embezzled any goods, chattels, moneys or effects, books of account, papers or any evidences of debt whatever, or titles to land, belonging to any deceased person, the court shall require such person to appear be fore it by citation, and may examine him on oath, touching the same, and if such person shall refuse to answer such proper interrogatories as may be propounded by the court, or person interested as aforesaid, or shall refuse to deliver up such property or effects as aforesaid, upon a requisition being made for that purpose by an order of the said court of probate, such court may commit such person to jail, until he shall comply with the order of the court therein.

SEC. 91. The books of account of any deceased person, shall be subject to the inspection of all persons interested therein.

SEC. 92. Executors and administrators shall be chargeable with so much of the estate, whether real, personal or mixed, or the proceeds thereof, of their testator or intestate, as they, after due and proper diligence, shall recover and receive.

SEC. 93. In all cases, where power is or may be given in any will, to sell and dispose of any real estate, or interest therein, and the same be sold and disposed of in the manner, and by the persons appointed in such will, the sales shall be good and valid; and where one or more executors shall depart this life before such sales be made, the survivor or survivors shall have the same power, and their sales shall be good and valid as though they all joined in such sale.

SEC. 94. No executor or administrator shall, under any pretence whatever, remove any property whatsoever, wherewith such administrator or executor may be charged by virtue of his letters, beyond the limits of this State; and in case any such executor or administrator shall remove such property, it shall be the duty of the court of probate, forthwith to revoke his letters, and to cause a suit to be instituted on his bond, against him and his securities, for the use of the persons interested in said estate; and the jury trying such cause shall, on satisfactory evidence of the removal of the property as aforesaid, render a verdict against the offender and his securities, for the full value thereof, and such other damages as the parties interested may have sustained by reason thereof; and letters of administration on said estate shall issue to the next person or persons entitled, as in other cases.

SEC. 95. It shall be the duty of each and every administrator or executor, to fix on a certain term of the court of probate, within nine months from the time of his or her being qualified as such administrator or executor, for the settling and adjusting all claims against such decedent, and give notice thereof in some public newspaper within this State, as required by law and also, by putting up a written or printed notice on the door of the court house, and in five other of the most public places in the county, notifying and requesting all persons having claims against said estate, to attend at said term of the probate court, for the purpose of having the same adjusted; said notice to be given at least six weeks previous to said day, when and where such claimant shall produce his or her claim in writing; and if no objection be made to said claim, by the administrator, widow, guardian, heirs or others, interested in said estate, the claimant shall be permitted to swear that such claim is just and unpaid, or that the same is correct, after allowing all just credits; and if objec

tions be made to said claim, previous to said claim being sworn to, the account shall be adjudicated as is now required by law. All persons who do not avail themselves of the opportunity of having their claims adjudicated at the said term of the court, shall have power to proceed against the executor or administrator, as is now prescribed by law: Frovided, That estates shall be answerable for the costs on the claims filed at or before said term, but not after: And, provided further, That no execution shall be issued against any executor or administrator, for the term of one year from the date of his or her letters testamentary or of administration.

SEC. 96. The executor or administrator shall, as soon as convenient, after making the inventory and appraisement, as hereinbefore directed, sell at public sale, all the personal property, goods and chattels of the testator or intestate, not reserved to the widow as aforesaid; and also, excepting specific legacies and bequests, where the estate is sufficient to discharge the debts, over and above such specific legacies and bequests; upon giving three weeks' notice of the time and place of such sale, by at least four advertisements, set up in the most public places in the county where the sale is to be made, or by inserting an advertisement in the nearest and most public newspaper printed in this State, to the place of such sale, at least four weeks successively, previous thereto, upon a credit, of not less than six nor more than twelve months, by taking bond with good security of the purchasers at such sale: Provided, That such executor or administrator may make it a part of the condition of such sale, that purchases under the sum of five dollars, shall be paid in hand: And, provided further, That if any testator shall direct that his estate shall not be sold, the same shall be preserved in kind, and distributed accordingly, unless such sale should become absolutely necessary, for the payment of the debts and charges against the estate of such testator.

SEC. 97. If any executor or administrator shall be of opinion that it would be of advantage to the estate of the testator or intestate, to dispose of the crop growing at the time of his or her decease, the same shall be inventoried, appraised and sold, at the same time, and in the same manner as is directed in the preceding section; but if such executor or administrator shall believe that it would be of more advantage to the estate, to go on and finish the same previous to such sale, he shall be authorized so to do: and the proceeds of such crop, after deducting all necessary expenses for cultivating, gathering and making sale of the same, shall be assets in the hands of such executor or administrator, and subject to the payment of debts and legacies, and to distribution as aforesaid.

SEC. 98. In all public sales of property, made in pursuance of this chapter as aforesaid, the executor or executors, administrator or administrators, may employ the necessary clerks and a crier, who shall be allowed such compensation, not exceeding two dollars per day, as the court of probate may judge reasonable, to be paid by such executors or administrators, and charged to the estate. All such sales shall be made between the hours of ten o'clock in the forenoon, and five o'clock in the afternoon of each day; and any such as shall be made before or after the time herein limited, shall be void.

SEC. 99. All executors and administrators shall, immediately after making such sales as aforesaid, make, or cause to be made, a bill of the sales of said estate, describing particularly, each article of property sold, to whom sold, and at what price; which sale bill, when thus made and certified by the clerk of such sale and the crier thereof, as true and correct, shall be returned into the office of the probate justice in the like time as is required in cases of inventories and appraisements.

SEC. 100. Any creditor, whose debt or claim against the estate is not due, may, nevertheless, present the same for allowance and settlement, and shall, thereupon, be considered as a creditor under this chapter, and shall receive a dividend of the said testator's estate, after deducting a rebate of interest for what he shall receive on such debt, to be computed from the time of the actual payment thereof to the time such debt would have become due, according to the tenor and effect of the contract.

SEC. 101. No action shall be maintainable against any executor or administrator for any debt due from the testator or intestate, until the expiration of one year after the taking out of letters testamentary or of administration, except as is herein excepted; nor shall any person, suing after that time, recover costs against such executor or administrator, unless a demand be proved before the commencement of such suit; but in all other cases, both executors and administrators shall be liable to pay costs as other persons.

SEC. 102. No suit shall be brought against any executor or administrator, for or on account of any claim or demand against the testator or intestate, unless such suit shall be brought within one year next after such executor or administrator shall have settled his accounts with the court of probate.

SEC. 103. When any executor or administrator, whose testator or intestate shall have died seized of any real estate in this State, shall discover that the personal estate of such testator or intestate is insufficient to pay the just claims against his or her estate, such executor or administrator shall, as soon as conveniently may be, make a just and true account of the said personal estate and debts, as far as he or she can discover the same, and shall make out a petition to the circuit court of the county in which administration shall have been granted, stating therein, what real estate the said testator or intestate died seized of, or so much thereof as will be necessary to pay his or her debts as aforesaid, and request the aid of the said court in the premises; and it shall also be the duty of such administrator or executor, to give at least thirty days' notice of the time and place of presenting such petition, by serving a written notice of the same, together with a copy of said account and petition, on each of the heirs or their guardians, or devisees of said testator or intestate, or by publishing a notice in the nearest newspaper for three weeks successively, commencing at least six weeks before the presenting of said petition, of the intention of presenting the same to the circuit court, for the sale of the whole, or so much of the real estate of the said testator or intestate, as will be sufficient to pay his or her debts, and requesting all persons interested in said real estate, to show cause why it should not be sold for the purposes aforesaid.

SEC. 104. It shall be the duty of the said circuit court, at the time and place specified in the notice aforesaid, or at such other time as the said court shall appoint, to hear and examine the allegations and proofs of such executor or administrator, and of all such other persons interested in said estate, as may think proper to resist such sale; and if, upon due examination, the said circuit court shall ascertain that the said personal estate of such testator or intestate is not sufficient for the payment of his or her debts, the said court shall order and direct the whole, if necessary, but if not, then so much of the said estate, from time to time, as will be sufficient to pay such debts, to be sold as is hereinafter directed; and when a part only of such estate is ordered to be sold, such order shall specify as particularly as may be, the part so ordered to be sold: Provided, always, That where any houses and lots, or other real estate are so situated, that a part thereof can not be sold without manifest prejudice to the heirs or devisees, such court may, in its discretion, order the sale of the

whole, or such part thereof as shall be necessary for the payment of debts; and the overplus arising from such sale shall be distributed among the heirs and devisees, or such other person or persons as may be entitled thereto.

SEC. 105. All sales of any such real estate, directed to be made as aforesaid, shall be made, and conveyances executed for the same, by the executor or administrator applying for such order; which said conveyances shall set forth such order at large, and shall be valid and effectual against the heirs and devisees, of such testator or intestate, and all other persons claiming by, through or under him, her or them. SEC. 106. No lands or tenements shall be sold by virtue of any such order of the circuit court as aforesaid, unless such sale be at public vendue, and between the hours of ten o'clock in the forenoon, and five o'clock of the afternoon of the same day; nor unless the time and place of holding such sale shall have been previously published for the space of six weeks successively, by putting up notices thereof, in at least four of the most public places in the county where such real estate shall be sold; and also by causing a similar notice thereof to be published in the nearest newspaper in this State; nor unless such real estate shall be described with common certainty in the said advertisements: And if any executor or administrator, so ordered to make sale of any real estate as aforesaid, shall sell the same contrary to the provisions of this chapter, he shall forfeit and pay the sum of five hundred dollars, to be recovered by action of debt, in the name of the people of the State of Illinois, for the use of any person interested, who may prosecute for the same: Provided, That no such offence shall be deemed to affect the validity of such sale: And, provided further, That it shall be lawful for such executor or administrator to sell the same on a credit, of not less than six, nor more than twelve months, by taking bond with good security, for the payment of the purchase money, and by taking a mortgage on said land.

SEC. 107. In all cases, where a petition shall be presented for the sale of any real estate, and one or more of the devisees or heirs of the testator or intestate shall be infants, and without a guardian resident in the county in which such petition shall be preferred, the circuit court to which the same shall be presented, shall appoint some discreet person as guardian ad litem, for the purpose of appearing for, and defending the interest of such infant or infants in the proceedings therein.

SEC. 108. No part of the real estate of any testator or intestate, shall be ordered to be sold, unless the executor or administrator applying for such order, shall have made and filed an inventory, appraisement bill, and sale bill, in the office of the probate justice; nor unless such executor or administrator shall have first applied the personal estate, or proceeds thereof, or such part thereof as shall have come to his possession, towards the payment of the debts of the said testator or intestate.

SEC. 109. Any person or persons claiming to be aggrieved by any judgment, decree or order, for the sale of any such real estate as aforesaid, may appeal from the same to the supreme court of this State: Provided, Such appeal be entered during the term in which such judgment, decree or order shall be made.

SEC. 110. When any real estate shall, at any time, be ordered to be sold, the moneys arising from such sale shall be received by the executor or administrator applying for such order, and shall be considered as assets in his or her hands for the payment of debts; and shall be applied in the same manner as assets arising from the sale of personal property.

SEC. 111. In all cases, where any testator or intestate now deceased, or shall hereafter die seized of any lands, the payment whereof has not been completed to

the United States, and the estate of such decedent is, or shall be unable to make complete payment therefor, with advantage to such estate, it shall be lawful for the administrator, executor or other legal representatives of such deceased, to sell or dispose of the certificate or certificates of entry, or further credit of the same, in such manner as they may deem most advisable for the interest of such estate; and the money arising from such sales, shall be assets in the hands of such executor or administrator, as in other cases.

SEC. 112. But in all cases where the estate of any such testator or intestate shall be solvent, and such lands as aforesaid may be patented without prejudice to the estate, it shall be the duty of the executor or administrator to complete the payment for the same, by relinquishment or out of the proceeds of the personal property, as the case may require, in the name of the heirs or legal representatives of the decedent, entitled thereto: and he shall be allowed a credit for the amount of such payments, and all reasonable expenses incurred in making the same, upon final settlement of such estate: Provided, That the provisions of this, and the preceding section shall, in nowise, interfere with the provisions of any last will or testament as aforesaid.

SEC. 113. In all cases where the lands, or certificates of entry or purchase, of any testator or intestate, on which partial payments shall have been made as aforesaid, have, or shall hereafter, become forfeited to the United States for the non-payment thereof; or where any deposit or deposits, or payments of money, by way of entry or purchase of any such lands, or securing the preference of purchase thereof, shall have been made by such testator or intestate, at any of the land offices in this State, and the same have, or shall at any time hereafter, become forfeited to the United States, for the non-payment of the residue due, or to become due on said lands; and where the Congress of the United States has made, or shall hereafter make provision for a further extension of credit, or for the repayment of the sums thus forfeited, to the payors thereof, or to their legal representatives, either by the issuing of scrip, granting of lands, or by the actual return of the money thus paid as aforesaid; or shall, in any other manner, provide for the relief of such purchaser or purchasers, it shall be lawful for the executor or administrator, or the legal representatives of such testator or intestate, to avail themselves of such provision or relief, for the use of the estate, in like manner as such testator or intestate might or could do, if living at the time; and all such sums of money as may be produced by the sale of any such forfeited certificate or deposits, or such scrip as may be received in lieu thereof, and all such sums as shall be repaid in money as aforesaid, on account of any such forfeitures, shall be considered as assets in the hands of such executor or administrator, and shall be accounted for accordingly.

SEC. 114. Whenever any estate is found to be insolvent, it shall be so entered of record by the probate justice, and after such order so made, no action shall be maintained against the executors or administrators, except at the costs of the party suing: but persons entitled, shall receive their proportions of said estate, in the manner herein provided for: and whenever the real estate shall be required to be sold for the payment of debts, no suit shall be maintained, until the money is received for such real estate, and an order made by said court, directing the executor or administrator to pay out the same, as required in this chapter. And the court of probate may make all necessary orders to coerce the executor or administrator to make immediate application to the circuit court for the sale of such real estate.