But where the administrator instituted a proceeding in the probate court to sell lands to pay debts of the estate, making the widow a party, and she was duly served with notice, and the land was sold under an order of the court in that proceeding, it was held that her right of dower was thereby adjudicated in that proceeding, and that she could not afterward maintain an action therefor. Blair, 45 Iowa, 42; 39 Id,, 685; 41 Id., 255.

Olmstead v.

No. 80.

Application to sell Personal Property for the Payment of Debts.

IN THE MATTER OF THE ESTATE} In Prboate.

OF

..........

DECEASED.

To the District Court, in and for

........

...

County, Iowa.

Your petitioner states that he is the duly appointed and qualified administrator of the estate of late of.... county, deceased, that the moneys arising from the debts due to said estate amount to the sum of (state the amount, or if there is none so state) and that the debts owing by the decedent at the time of his death amount to the sum of ... dollars as will fully appear by reference to the claims on file in the office of the clerk of this court, that it will be necessary to sell said personal property, or so much thereof as shall be necessary to pay said debts; that said decedent left the following personal property which is exempt from execution. (Here give a list of the exempt property and set off to the widow.) Therefore your petitioner asks that the court will order and direct him to sell said personal property not exempt from execution, at public auction, and apply the proceeds thereof to the payment of the debts of said decedent. Petitioner,

or A.. B.. Attorney for Petitioner. (Add Verification No. 13.)

No. 81.

Order for the Sale of Personal Property to pay debts of Estate. IN THE MATTER OF THE Estate

OF ...

....

DECEASED,

} In Probate.

....

And now on this day, to-wit, ... day of 18.., the application of administrator (or executor) of the estate of ...... late of county, deceased, to sell the personal property (or some portion of it as the case may be) belonging to the estate of said deceased, for the purpose of paying the debts and charges upon said estate, and the court being fully advised in the premises does find that a sale of said personal

property (or a designated portion thereof as the case may be) is necessary for the purpose of paying the said debts and charges and it is hereby ordered that said ........ administrator as aforesaid be and is hereby authorized and empowered to sell said property at public auction after giving (here set out the notice ordered to be given) for cash (or such credit as the court shall order) and to keep correct account and make due report of his doings in the premises.

A certified copy of this order should be issued by the clerk to the executor, or administrator, as his authority to make the sale.

An administrator who buys in land upon the foreclosure of a mortgage belonging to the estate, holds it as personal property, and he may convey it without an order of court. Stevenson v. Polk, 71 Iowa, 278.

No. 82.

18.., at

Notice of Administrator's Sale of Personal Property. Notice is hereby given that on the day of the late residence of .., deceased, I will expose to sale at public auction the following described personal property belonging to the estate of said decedent, viz.: (Here describe the property to be sold). Said sale will commence at 10 o'clock A. M., of said day and continue from day to day until said property is all sold. The terms of sale will be for all sums of $10 and under, cash in hand, and for all sums above that amount twelve months' credit at six per centum interest, secured by promissory note with approved personal security (or whatever may be the terms of sale prescribed by the court). No goods to be removed. until paid for or note given therefor.

Dated this

......

day of ..... A. D. 18..

Executor etc., (or Adminisirator).

SALE OF REAL ESTATE.

SECTION. 2387. (Sale of real property.) If the personal effects are found inadequate to satisfy such debts and charges, a sufficient portion of the real estate may be sold for that purpose.

SEC. 2388. Application for that purpose can be made only after a full statement of all the claims against the estate, and after rendering a full account of the disposition made of the personal estate.

Application by an executor to sell real property of decedent must be made within eighteen months from the time he gives notice of his

appointment unless the circumstances of the case would justify a court of equity in making an exception to the rule, in which case the application should be made within a reasonable time; but thirteen years is not a reasonable time. McCreary v. Jasper et al., 41 Iowa, 255.

SEC. 2389. Before any order to that effect can be made, all persons interested in such real estate shall be served with notice in the same manner as is prescribed by the judge.

In a proceeding for the sale of real estate by an executor, wherein the court has prescribed the same notice as is provided by law in ordinary actions, a defendant who has been served by publication only and has not appeared, may avail himself of the provisions of section 2877 of the Code, and may thereunder have the order of sale, made on default, set aside on motion therefor at any time within two years after the making of the order. Huston v. Huston, 29 Iowa, 347.

No. 83.

Application to sell Real Estate.

IN THE MATTER OF THE ESTATE

DECEASED.

In Probate.

administrator of the estate of county, deceased, respectfully 18... he was duly deceased,

show that on the .... day of appointed administrator of the estate of said by this court, and duly qualified as such and gave notice of his appointment according to law; that your petitioner proceeded to make and return a true and full inventory of all personal property, moneys, rights, credits and effects of said estate, and also proceeded to ascertain the debts owing by said estate and after collecting debts due the estate and selling the property thereof it is found that the personal effects left by said intestate are inadequate to satisfy the debts and charges against said estate as will more fully appear from the statement hereto appended showing the claims against said estate and a full account of the disposition made of the personal assets marked exhibit "A."

......

Your petitioner further shows that the said decedent died siezed in fee of certain real estate, to wit: (Here describe the same) of which he came siezed on or about the .... day of 18,.. that said decedent left ...... .., his widow, and and his children, of the ages of 10 and 12 years, respectively. Your petitioner asks that after due notice the court will order the sale of said real estate for the purpose enabling him to fully pay the debts and charges of said estate

of

together with the expenses of administration and that the court will make such further orders in the premises as shall be just. Administrator, etc.

Dated this

day of ...

18..

(Add Verification No. 37.)

(Attach account marked exhibit “A.")

No. 84.

Notice of Application to Sell Lands to Pay Debts.

IN THE MATTER OF THE ESTATE

OF

To.. late of

....,DECEASED. In Probate.

• county, deceased: You and each of you are

hereby notified that a petition of administrator of the estate of said ... deceased, has been filed in the office of the clerk of the district court in and for ...... county, Iowa, asking for an order of said court authorizing him to sell the following described real estate: (Here describe it) for the purpose of paying the debts of said deceased for which the personal assets have been found insufficient.

You will therefore appear on the 18.., of said court to be begun and held at

day of....

........

day of

.....

on the

18.., then and there to show cause if any you have why said sale should not be ordered as prayed.

or

Administrator,

Attorney for Petitioner.

The notice must be served personally on each of the minors, and if under fourteen years of age must also be served on father, or mother, or guardian, if they have none of these within the state, then on the person with whom they reside in the state or who has the care and control of them or by whom they are employed.

The return must show the mode of the service and to justify a service on the person having the care and control of a minor, the return must show that neither the father nor mother are living within the state. Allen v. Saylor, 14 Iowa, 435.

No. 85.

Appointment of Guardian ad litem.

IN THE MATTER OF THE ESTATE

OF

Application of Executor to sell DECEASED. land. In Probate.

....

And now, on this....day of coming on for hearing on the motion of... dian ad litem herein for... ...and....

18.., this matter

for a guar

minors who have

no legal guardian of their property and being interested as heirs in the estate of said.... deceased, and the court being fully advised in the premises it is ordered that.. .., Esq., an attorney of this court be and he is hereby appointed guardian ad litem of and for the said minors to take charge of and protect the interests of said minors in the property involved in these proceedings.

No. 86.

Record Entry of Order of Sale of Land.

IN THE MATTER OF ESTATE

In Probate.

18.., the peti

And now, to-wit; this....day of tion of .. as administrator of the estate of deceased, for authority to sell real property belonging to said estate to pay the debts thereof, and due notice having been given to all persons interested therein, and it being shown to the court that the personal assets of said estate are insufficient to pay the debts duly proved and allowed against said estate as was made to appear to the satisfaction of the court by a full statement of all the claims against the estate, and a full account of the disposition made of the personal estate, accompaning his said petition, it is therefore hereby ordered that said..

as

administrator as aforesaid be and is hereby authorized and empowered to sell at public (or private) sale the following described real property, to-wit. (Here insert description.) Said sale to be for cash in hand, (or on such terms as shall be deemed best, to be stated in the order).

No. 87.

Appointment of Appraisers of Real Estate of Deceased.

IN THE MATTER OF THE ESTATE

OF.

DECEASED. In Probate.

}

To C.....F, S.....M, and G.....T.....

You have been appointed by the district court in and for ..county, as appraisers of the real property of... deceased, which the administrator of his estate has obtained an order of said court to sell as hereafter described. You are empowered and directed by said court to make a just and true appraisment of the following described lands. (Here describe the land to be sold.)

You will, if convenient, divide said land into parcels, making a plat of the same, and appraise each parcel separately, and also appraise the said land as an entirety; and the value thereof as