days must be given by the judge, by notices posted in three public places in the county, or by publication in a newspaper, or both, as he may deem best, and must briefly indicate the land sold, the sum for which it was sold, and must refer to the return for further particulars. Upon the hearing, the court must examine the return and witnesses in relation to the same, and if the proceedings were unfair, or the sum bid disproportionate to the value, and if it appear that a sum exceeding such bid at least ten per cent., exclusive of expense of a new sale, may be obtained, the court may vacate the sale, and direct another to be had, of which notice must be given, and the sale in all respects conducted as if no previous sale had taken place; if an offer of ten per cent. more in amount than that named in the return, be made to the court in writing, by a responsible person, it is in the discretion of the court to accept such offer and confirm the sale to such person or to order a new sale.23

Sec. 239. Objections may be made to confirmation of sale. When the return of sale is made and filed, any person interested in the estate may file written objections to the confirmation thereof, and may be heard thereon when the return is heard by the court, or judge, and may produce witnesses in support of his objections.24

Sec. 240. The confirmation of sale-The deed to the purchaser.

If it appear to the court that the sale was legally made and fairly conducted, and the sum bid was not disproportionate to the value of the property sold, and that a greater

23 Snyder, 5,323; Wilson, 1,667; Dakota Code, 5,836 (1887); California, 1,552 (Kerr), similar. See Section 277 for form for report of sale; Section 278 for form for notice of hearing; Section 279 for form for order of hearing.

24 Snyder, 5,324; Wilson, 1,668: Dakota Code, 5,837 (1887); California, 1,553; identical. See Section 280 for form for notice of hearing return.

sum as above specified, cannot be obtained, or if the increased bid mentioned in the second preceding section, be made and accepted by the court, the court must make an order confirming the sale and directing conveyances to be executed. The sale from that time is confirmed and valid, and a certified copy of the order confirming it and directing conveyances to be executed must be recorded in the office of the register of deeds of the county within which the land sold is situated. If after confirmation the purchaser neglects or refuses to comply with the terms of sale, the court may, on motion of the executor or administrator, and after notice to the purchaser, order a resale to be made of the property. If the amount realized on such resale does not cover the bid and expenses of the previous sale, such purchaser is liable for the deficiency to the estate.25

Sec. 241. The deed to the purchaser.

Conveyances must thereupon be executed to the purchaser by the executor or administrator, and they must refer to the orders of the county court authorizing and confirming the sale of the property of the estate, and directing conveyances thereof to be executed, and to the record of the order of confirmation in the office of the register of deeds by the date, volume and page of the record, and such reference shall have the same effect as if the orders were at

large inserted in the conveyance. Conveyances so made convey all the right, title, interest and estate of the decedent in the premises, at the time of his death. If, prior to the sale, by operation of law or otherwise, the estate has acquired any right, title or interest in the premises other than, or in addition to, that of the decedent at the time of his death, such right, title or interest also passes by such conveyance.20

25 Snyder, 5,325; Wilson, 1,669; Dakota Code, 5,838 (1887); California, 1,554, similar. See Section 285 for form for order confirming sale of real estate.

26 Snyder, 5,326; Wilson, 1,670; Dakota Code, 5,839 (1887); California, 1,555, similar. See Section 286 for form for deed to purchaser.

Sec. 242. Facts to be proved before confirmation of sale. Before any order is entered confirming the sale, it must be proven to the satisfaction of the court that notice was given of the sale as prescribed, and the order of confirmation must show that such proof was made.2

Sec. 243. The sale may be postponed, when.

If, at the time appointed for the sale, the executor or administrator deems it for the interest of the persons concerned therein that the same be postponed, he may postpone it from time to time not exceeding in all three months.28

Sec. 244. The notice required in case of postponement.

In case of a postponement notice thereof must be given, by public declaration, at the time and place first appointed for the sale, and if the postponement be for more than one day, further notice must be given by posting notices in three or more public places in the county where the land is situated, or publishing the same, or both, as the time and circumstances will admit.29

Sec. 245. When property designated by will must be applied to the payment of debts.

If the testator makes provisions by his will, or designates the estate to be appropriated for the payment of his debts, the expenses of administration, or family expenses, they must be paid according to such provisions or designation, out of the estate thus appropriated, so far as the same is sufficient.30

27 Snyder, 5,327; Wilson, 1,671; Dakota Code, 5,840 (1887).

28 Snyder, 5,328; Wilson, 1,672; Dakota Code, 5,841 (1887).

29 Snyder, 5,329; Wilson, 1,673; Dakota Code, 5,842 (1887).

30 Snyder, 5,330; Wilson, 1,674; Dakota Code, 5,843 (1887); California, 1,560, identical.

Sec. 246. When in an estate by will an executor may sell real estate without order of court.

When property is directed by will to be sold, or authority is given in the will to sell property, the executor may sell any property of the estate without the order of the county court, and at either public or private sale, with or without notice, as the executor may determine; but the executor must make return of such sale as in other cases; and if directions are given in the will as to the mode of selling, or particular property to be sold, such directions must be observed. In either case, no title passes unless the sale is confirmed by the court.31

Sec. 247. When property not disposed of by will may be sold.

If the provisions made by will, or the estate appropriated therefor, is insufficient to pay the debts, expenses of administration and family expenses, that portion of the estate not devised or disposed of by will, if any, must be appropriated and disposed of for that purpose according to the provisions of this chapter.32

Sec. 248. The property of legatees and devisees liable for debts, when.

The estate, real and personal, given by will to legatees or devisees, is liable for the debts, expenses of administration and family expenses, in proportion to the value or the amount of the several devises or legacies, but specific devises or legacies are exempt from such liability if it appears to the court necessary to carry into effect the intention of the testator, and there is other sufficient estate.33

31 Snyder, 5,331; Wilson, 1,675; Dakota Code, 5,844 (1887); California, 1,561, identical.

32 Snyder, 5,332; Wilson, 1,676; Dakota Code, 5,845 (1887).

33 Snyder, 5,333; Wilson, 1,677; Dakota Code, 5,846 (1887); California, 1,563, identical.

Sec. 249. Devisees and legatees must contribute to pay debts, when.

When an estate given by will has been sold for the payment of debts or expenses, all the devisees and legatees must contribute according to their respective interests to the devisee or legatee whose devise or legacy has been taken therefor, and the county court, when distribution is made, must, by decree for that purpose, settle the amount of the several liabilities, and decree the amount each person shall contribute, and reserve the same from their distributive shares, respectively, for the purpose of paying such contribution.34

Sec. 250. Decedent's interest in a contract for the purchase of land may be sold.

If a decedent, at the time of his death, was possessed of a contract for the purchase of land, his interests in such land and under such contracts, may be sold on the application of his executor, or administrator, in the same manner as if he had died seized of such land, and the same proceedings may be had for that purpose as are prescribed in this chapter for the sale of lands of which he died seized, except as hereinafter provided.35

Sec. 251. Such sale to be subject to payments falling due. The sale must be made subject to all payments that may hereafter become due on such contracts and if there are any such, the sale must not be confirmed by the county court until the purchasers execute a bond to the executor, or administrator, for the benefit and indemnity of himself, and of the persons entitled to the interest of the decedent in the lands so contracted for, in double the whole amount

34 Snyder, 5,334; Wilson, 1,678; Dakota Code, 5,847 (1887); California, 1,654, identical.

35 Snyder, 5,335; Wilson, 1,679; Dakota Code, 5,848 (1887).