of sale should issue therefor to the sheriff of said county, commanding him that he should cause the lands and tenements in said petition, heretofore mentioned and hereinafter described to be appraised, advertised and sold, according to law, and return his proceedings to said court; and,

day of

9

19-, in

19—,

WHEREAS, afterwards, on the pursuance to said orders and judgments of said court, and order of sale issued from said court in said cause, directed to said sheriff of said county, commanding him to execute said order, and in all things to be governed by the provisions of the statute in such case made and provided, and the order that of his proceedings thereon, he should make due return; and,

a

WHEREAS, sheriff as aforesaid, having caused said premises to be appraised, and a copy of said appraisement to be duly filed in the office of the clerk of said court, and having advertised the time and place of sale of same in weekly newspaper, printed and of general circulation in said county, for a period of days prior to the day of sale, and otherwise complied with said orders and provisions of the statute in such cases made and provided, did, on the

day of

19, at the front door of the courthouse in the city of
in said county, at
o'clock, - m., of said day,

expose and sell at public auction, the premises hereinafter men

tioned, and thereupon,

sum of $

having bid for said premises the

said sum being the highest and best bid therefor, and the same being more than two-thirds of the appraised value thereof, said premises were then and there struck off and sold to him, the said the purchaser, for the sum above.

mentioned; and,

Term, 19, having

WHEREAS, the said court, at its examined the proceedings aforesaid, in the premises, under said order of sale, and being satisfied that said sale had been made in all respects in pursuance of said judgment and order of sale, and in accordance with the provisions and requisites of the statute regulating such sales, did order that said sale be confirmed, and that sheriff of County, Oklahoma,

should convey said premises by deed in fee simple to

the purchaser.

Now, KNOW YE THAT I,

said sheriff of

County,

by virtue of said judgment, order of sale and confirmation and of the statute for such case made and provided, and for and in consideration of said premises herein, and the sum of $which I acknowledge to have received from the purchaser above named, do hereby grant, sell and convey unto him, the said -, the following described real estate, to-wit: (Here specifically describe same), together with the privileges and appurtenances thereunto belonging, and all the right, title and interest of the said and of all other persons, parties to said suit,

on, in and to the same.

TO HAVE AND TO HOLD the premises aforesaid, unto said

his heirs and assigns, as fully and completely as I, said sheriff, of -County, Oklahoma, by virtue of said judgment, order of sale, sale and confirmation, and the statute made and provided for such case, might and should sell and convey the same.

IN TESTIMONY WHEREOF, I have hereunto set my hand this

State of Oklahoma,

Before me,

State, on this

a notary public in and for said county and day of

19-, personally appeared

to me known to be the identical person who executed the within and foregoing instrument, and acknowledged to me that he executed the same in his capacity therein stated, as his free and voluntary act and deed for the uses and purposes therein set forth.

My commission expires

Notary Public.

CHAPTER VII.

LAW AND PROCEDURE BY WHICH REAL ESTATE IS SOLD BY AN EXECUTOR OR ADMINISTRATOR.

SECTION

284. The bid in writing.

285. The order approving and confirming sale of real estate by an administrator-Order

for deed to purchaser.

SECTION

286. The form for a deed to purchaser of real estate at an administrator's sale thereof.

Sec. 217. Both real and personal property may be sold to pay debts-No priority as to either.

All the property of a decedent, except as otherwise provided for the homestead and personal property set apart for the surviving wife or husband and minor child or children, will be chargeable with the payment of the debts of the deceased, the expenses of the administration and the allowance to the family. And the property, personal and real, may be sold as the court may direct, in the manner hereinafter set out in this chapter. There shall be no priority as between personal and real property for the above purposes.1 Attention is here called to section 836, herein, for detailed statement of the reason for great care in proceedings of the kind set forth in this chapter.

Sec. 218. The court may decree personal property to be sold first.

Whenever it appears to the court on any hearing of an application for the sale of real property, that it would be for the interest of the estate that personal property of the estate, or some part of such property, should be first sold, the court may decree the sale of such personal property, or any part of it, and the sale thereof shall be conducted in the same manner as if the application had been made for the sale of such property in the first instance."

1 Snyder, 5,299; Wilson, 1,641; California, 1,516 (Kerr), similar; Dakota Code, 5,812 (1887); Estate of Woodworth, 31 Cal. 595; McDonald v. McElroy, 60 Cal. 484; Burris v. Kennedy, 108 Cal. 331, 41 Pac.

458; Plains Ld. & I. Co., et al., v. Lynch, et al., 38 Mont. 271, 99 Pac. 847.

2 Snyder, 5,395; Wilson, 1,737; Dakota Code, 5,905.