(2899.) SEC. 2. The estate and effects comprised in the Estate to be ap inventory, shall be appraised by two or more disinterested praised, etc. persons appointed by the Judge of Probate for that purpose, who shall be sworn to the faithful discharge of their trust; and if any part of such estate or effects shall be in any other county, appraisers thereof may be appointed, either by the Judge of Probate having jurisdiction of the case, or by a disinterested Justice of the Peace of such other county. (2900.) SEC. 3. When appraisers shall be appointed by Justice of the Peace, he shall issue an order to them substance as follows:

a Appointment of in Justices of the

in said county:

You are hereby appointed to appraise on oath the estate and effects of late of

deceased, which may be in said county; and when you have performed that service, you are required to deliver this order, and your doings in pursuance thereof, to

executor (or Administrator as the case may be) of said deceased.

in the year Justice of the Peace. "

Appraisers by

Peace.

made and certi

(2901.) SEC. 4. The appraisers shall set down opposite to Appraisal, how each item in such inventory, distinctly, in figures, the value fied thereof in money, and deliver the same, certified by them, together with their appointment, if made by a Justice of the Peace, to the executor or Administrator.

tory and apprai

furniture, etc.

(2902.) SEC. 5. A separate and distinct inventory and Separate Invenappraisement shall be made and returned as aforesaid, of all sal of household the household furniture and other personal property which may be allowed to the widow, pursuant to the provisions of the preceding chapter, but the same shall not be considered assets in the hands of the executor or Administrator.

first chargeable

estate to be sold.

(2903.) SEC. 6. The personal estate of the deceased which Personal estate, shall come into the hands of the executor or Administrator, with payment of shall be first chargable with the payment of the debts and suficient, Real expenses; and if the goods, chattels, rights and credits, in the hands of the executor or Administrator, shall not be sufficient to pay the debts of the deceased, and the expenses of administration, the whole of his real estate, except the widow's dower, or so much thereof as may be necessary, may be sold for that purpose by the executor or Administrator, after obtaining license therefor in the manner provided by law.

Executor, etc., to have right to pos

and Personal estate.

(2904.) SEC. 7. The executor or Administrator shall have session of Real a right to the possession of all the real as well as personal estate of the deceased, and may receive the rents, issues and profits of the real estate, until the estate shall have been settled, or until delivered over by order of the Probate Court to the heirs or devisees, and shall keep in good tenantable repair all houses, buildings and fences thereon which are under his control.

ease of suspected

etc.

Proceeding in (2905.) SEC. 8. If any executor or Administrator, heir, embezzlement, legatee, creditor, or other person interested in the estate of any deceased person, shall complain to the Judge of Probate, on oath, that any person is suspected to have concealed, embezzled, conveyed away or disposed of any money, goods or chattles of the deceased, or that such person has in his Rev. of 1827, p. possession or knowledge, any deeds, conveyances, bonds,

$2, Soc. 11.

Persons cited re

fusing to appear

may be commitsted.

contracts or other writings, which contain evidence of, or tend to disclose the right, title, interest or claim of the deceased to any real or personal estate, or any claim or demand, or any last will and testament of the deceased, the said Judge may cite such suspected person to appear before the Court of Probate, and may examine him on oath, upon the matter of such complaint.

(2906.) SEC. 9. If the person so cited shall refuse to appear and answer, etc. and submit to such examination, or to answer such interrogatories as may be put to him touching the matter of such complaint, the Court may, by warrant for that purpose, commit him to the common jail of the county, there to remain in close custody until he shall submit to the order of the Court, and all such interrogatories and answers shall be in writing, and shall be signed by the party examined, and filed in the Probate Court.

compel Account

ted with any part of Estate.

Proceeding to (2907.) SEC. 10. The Judge of Probate, upon the complaint by person entrus on oath of any executor or Administrator, may cite any person, who shall have been entrusted by such executor or Administrator with any part of the estate of the deceased person, to appear before such Court, and may require such person to render a full account, on oath, of any money, goods, chattels, bonds, accounts or other papers belonging to such estate, which shall have come to his possession, in trust for such executor or Administrator, and of his proceedings thereon; and if the person so cited shall refuse to appear and render such account, the Court may proceed against him as provided in the preceding section.

etc., to com

debtor.

(2908.) SEC. 11. When any debtor of a deceased person When Executor, shall be unable to pay all his debts, the executor or Admin-pound with istrator, with the approbation of the Judge of Probate, may compound with such debtor, and give him a discharge upon receiving a fair and just dividend of his effects.

gaged premises

Personal assets,

(2909.) SEC. 12. When any mortgagee of real estate, or any Interest in mortassignee of such mortgage, shall die without having foreclosed to be considered the right of redemption, all the interest in the mortgaged etc. premises conveyed by such mortgage, and the debt secured thereby, shall be considered as personal assets in the hands of the executor or Administrator; and he may foreclose the same, and have any other remedy for the collection of such debt which the deceased could have had if living, or may continue any proceeding commenced by the deceased for that purpose.

etc., may give

ises bid in, for

etc., to be seized.

(2910.) SEC. 13. In case of the redemption of any such When Executor, mortgage, or the sale of the mortgaged premises by virtue of release; If prema power of sale contained therein or otherwise, the money whom Executor, paid thereon shall be received by the executor or Administrator, and he shall thereupon give all necessary releases and receipts; and if, upon a sale of the mortgaged premises, the same shall be bid in by the executor or Administrator for such debt, he shall be seized of the same, for the same persons, whether creditors, next of kin or others, who would have been entitled to the money, if the premises had been redeemed or purchased at such sale by some other person.

chased by Execu

under license.

(2911.) SEC. 14. Any real estate so held by an executor or Real estate purAdministrator, or which may be purchased by him as such tor, may be sold upon a sale on execution for the recovery of a debt due the estate, may be sold for the payment of debts or legacies, and the charges of administration, in the same manner as if the deceased had died seized thereof, upon obtaining a license therefor from the Probate Court in the manner provided by law.

not sold, how as

tributed.

(2912.) SEC. 15. If any land so held by an executor or if such Land b Administrator as mentioned in the preceding section, shall not signed and disbe sold by him as therein provided, it shall be assigned and distributed to the same persons, and in the same proportions, as if it had been part of the personal estate of the deceased; and if, upon such distribution, the estate shall come to two or more persons, partition thereof may be made between them, in like manner as if it were real estate which the deceased held in his lifetime.

When suit to be

prosecuted to re

fraudulently con

ceased.

1 Kernan, 237.

(2913.) SEC. 16. When there shall be a deficiency of assets Cover Lands, etc., in the hands of an executor or Administrator, and when the veyed by de-deceased shall, in his lifetime, have conveyed any real estate, or any right or interest therein, with the intent to defraud his creditors, or to avoid any right, debt or duty of any person, or shall have so conveyed such estate that by law the deeds or conveyances are void as against creditors, the executor or Administrator may, and it shall be his duty to commence and prosecute to final judgment, any proper action or suit, at law or in Chancery, for the recovery of the same, and may recover, for the benefit of the creditors, all such real estate so fraudu lently conveyed; and may also, for the benefit of the creditors, sue and recover for all goods, chattels, rights or credits which may have been so fraudulently conveyed by the deceased in his lifetime, whatever may have been the manner of such fraudulent conveyance.

Executors, etc., not bouad to pro

application of creditors, etc.

(2914.) SEC. 17. No executor or Administrator shall be secute except on bound to sue for such estate as mentioned in the preceding section, for the benefit of the creditors, unless on application of creditors of the deceased, nor unless the creditors making the application shall pay such part of the costs and expenses, or give such security to the executor or Administrator therefor, as the Probate Court shall judge just and equitable.

Disposition of Estate recovered.

(2915.) SEC. 18. All real estate so recovered as provided in the sixteenth section of this chapter, shall be sold for the payment of debts, in the same manner as if the deceased had died seized thereof, upon obtaining a license therefor from the Probate Court, and the proceeds of all goods, chattels rights and credits recovered as aforesaid, shall be appropriated in payment of the debts of the deceased, in the same manner as other assets in the hands of the executor or Administrator.

CHAPTER XCVI.

OF THE PAYMENT OF DEBTS AND LEGACIES OF DECEASED

PERSONS.