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duct or negligence of his in the administration, and the court, after summoning such co-administrator, and giving him ten days' notice in writing of the character of the application, shall deem the complaint of the petitioner well founded, it shall revoke the letters of such coadministrator, and may order the delivery by him to the remaining administrator, of all the assets of the estate, and of all books, accounts, and evidences of debt belonging to the same, and may enforce a compliance therewith, as provided in the section immediately preceding. The remaining administrator may also recover for any loss or damage that he may be subjected to or suffer by the administrator whose powers have been revoked.

SEC. 4. Any receipt, release, or acquittance, to an administrator, (which shall be acknowledged and certified, as herein before provided in chapter forty-eight in regard to deeds,) from a guardian, or from any heir, distributee, or legatee, of the age of twenty-one years, or of eighteen years if a female and married to a person of full age, her husband uniting, or from an attorney duly authorized by such parties to execute the same, may be recorded in the office of the register of wills; and when the same is executed in virtue of a power of attor ney, such power of attorney shall be acknowledged and certified as the release or receipt is required to be, and shall likewise be recorded in the register's office.

SEC. 5. A copy of any such receipt or release, or of any such power of attorney, and of a receipt or release executed in pursuance thereof, duly attested by the register, under the seal of the orphans' court, shall at all times be admitted as sufficient evidence to prove the same.

SEC. 6. Every such receipt or release, and power of attorney, shall be retained and preserved in the office of the register after it is recorded.

SEC. 7. When any guardian shall be irregularly appointed by the orphans' court, and his appointment shall be liable to be revoked or declared void, for any cause whatever, any payment or delivery to him by an administrator, before his appointment shall have been revoked or declared void, of any legacy, distributive share, or personal property, shall have the same force and validity as if the appointment were regular and not liable to be revoked, and every such guardian so receiving money or other property shall be liable to account for the same, and his bond shall be responsible therefor.

SEC. 8. Administration may be revoked whenever an executor not authorized by will to sell, or an administrator shall sell, any part of a decedent's estate without an order of the orphan's court directing such sale.

SEC. 9. Administration may also be revoked whenever an administrator shall fail to comply with an order of the orphans' court directing him to bring into court, or place in bank or invest in bank or any other good security, any money or other funds or property received by him.

SEC. 10. Whenever the orphans' court shall revoke letters testamentary, or of administration, and there be no remaining administrator or executor, it shall be the duty of the court to appoint a new administrator; and if the party whose administration shall be revoked shall not, within a reasonable time, to be fixed by the court, deliver over to the new administrator, or to the remaining administrator or executor, all the property of the decedent remaining in his hands. unadministered, and also all the books, bonds, notes, and evidences of debt, or funds, belonging to said decedent, the court may compel the delivery and payment of same by attachment for contempt, or sequestration of property, and may direct his bond to be put in suit.

SEC. 11. In all cases where an executor or administrator shall die, or be removed, and another administration shall be granted, the succeeding administrator shall have the benefit of and be bound by all judgments obtained by or had against his predecessor, subject to savings similar to those contained in section twenty-three of chapter fifty-four.

SEC. 12. Every person who shall unlawfully intermeddle with any property of a decedent shall be chargeable as executor of his wrong, and shall be liable to an action to the extent of the damage occasioned thereby. The measure of such damages shall be the value of the property taken, with interest thereon at the rate of ten per centum per annum, and compensation for any special damage sustained.

SEC. 13. An administrator or executor upon the estate of any deceased member of a copartnership, shall include in the inventory which by law he is required to return, the whole of the partnership property, rights, and credits, appraised at their true value, as in other cases; but the appraisers shall carry out in the footing an

amount equal only to the deceased's proportional part of the copartnership interest.

SEC. 14. The copartnership property thus appraised shall remain with, or be delivered over, as the case may be, to the surviving partners, who may be disposed to undertake the management thereof, agreeably to the condition of a bond which they shall be required to execute to the United States in such sum, and with such sureties, as are required in ordinary cases of administration.

SEC. 15. The condition of such bond shall in substance be as follows:

The condition of the above bond is, that if

(or

and

,) surviving partner (or partners) of the late firm, shall use due diligence and fidelity in closing the affairs of the said copartnership, apply the proceeds thereof towards the payment of the copartnership debts, render a true account, on oath, to the orphans' court, whenever required so to do by said court, of all copartnership affairs, and pay over within six months, unless a longer time be allowed by said court, to the executor or administrator, the excess, if any there be, beyond satisfying the partnership debts; then this bond shall be void, otherwise it shall remain in full force.

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SEC. 16. The orphans' court shall have the same authority to cite such survivor or survivors to account, and to pass upon the same, as in the case of an ordinary administration; and the parties interested shall have the like remedies, by means of such bond, for the misconduct or neglect of such survivor or survivors as may be had against administrators.

SEC. 17. In case the surviving partner or partners, having been duly cited for that purpose, shall neglect or refuse to give the bond required by law, the executor or administrator on the estate of such deceased partner, on giving a bond as provided in the following sections, shall forthwith take the whole partnership property, rights, and credits into his own possession, and shall be authorized to use the name of the survivor or survivors in collecting the debts due the late firm, and shall, with the partnership property, pay the debts due from the late firm, and return to the survivor or survivors his or their proportion of the excess, if any.

SEC. 18. Before proceeding to administer such partnership property, as provided in the preceding section, such executor or adminis

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trator shall be required by the orphans' court to give further bond, to its satisfaction, conditioned that he will faithfully execute his trust according to law, which bond may be enforced like other administration bonds.

SEC. 19. Every surviving partner, on the demand of any administrator or executor of a deceased partner, shall exhibit to the appraisers the partnership property belonging to the firm at the time of the death of such deceased partner, for appraisement; and in case the administration thereof shall devolve upon such administrator or executor, the said survivor shall surrender to him on demand all the property of such partnership, including their books, papers, and all necessary documents pertaining to the same, and shall afford him all reasonable information and facilities for the execution of his trust.

SEC. 20. Every surviving partner who shall neglect or refuse to comply with the provisions of the preceding section, may be cited for such neglect or refusal to appear before the orphans' court, and, unless he show cause to the contrary, shall be ordered by the orphans' court to comply with said provisions, and his obedience thereto enforced by attachment for contempt.

V.

Of title to real and personal property, by special provision of

law.

TITLE

CHAPTER 60. Of the sale of real estate of deceased persons for the payment of debts.
CHAPTER 61. Of the sale and conveyance of infants' real estate.

CHAPTER 62. Of judgment liens, and title by execution.

CHAPTER 60.

OF THE SALE OF REAL ESTATE OF DECEASED PERSONS FOR THE PAYMENT OF DEBTS.

SECTION

1. Real estate so devised, to be sold according to the will.

2. Sale by some of two or more executors; when valid.

SECTION

3. Petition to sell lands for the payment of debts.

4. Order for appearance of parties.
5. How order served.

SECTION

6. Hearing of petition.

7. Provisions as to infant devisees or heirs.
8. 1
Court may
order part or whole to be
9. J sold.

10. Executor, &c, to file bond.
11. What the order shall specify.

12. Creditor may file a petition.

13. Court may appoint other than executor or adininistrator to make sale.

14. Notice of time and place of sale.
15. Executor, &c., to return his proceedings.
16. Sale to be confirmed if fairly made.
17. Conveyances to be made by executor.

SECTION

18. When sale on credit, notes and real estate security to be taken.

19. Order may be obtained for sale to pay legacy.

20. Mortgages and liens to be first paid. 21. Provision as to limitation.

22. Surplus to be considered as real estate.
23. Real estate of a deceased person assets
for the payment of his debts.
24. Liability of heir or devisee.

25. Land devised or descended, when not
liable after alienation.
26. Liens not affected.

SECTION 1. When real estate or any interest therein is devised by will or directed to be sold for the payment of debts or legacies, the executor shall proceed to dispose of the estate and apply the sums according to the provisions of the will.

SEC. 2. When any real estate or interest therein is given or devised by any will legally executed to the executors therein named, or any of them, to be sold by them, or any of them, or where such estate is ordered by any will to be sold by the executors, and any executor or executors shall neglect or refuse to take upon him or them the execution of such will, then all sales made by the executor or executors who shall take upon himself or themselves the execution of such will, shall be equally valid as if the other executor or executors had joined in such sale.

SEC. 3. Whenever any executor or administrator shall discover that the personal estate of the decedent is insufficient to pay the liabilities thereof, the circuit court shall order to be sold the whole or any part of the real estate of the deceased, upon such executor or administrator filing a petition therefor setting forth:

1. The amount of personal property that has come into his hands; 2. The amount of the debts outstanding against the estate of the deceased, and the insufficiency of the personal estate to pay the same; 3. A description of all the real estate of the deceased, and the condition and value of the respective portions and lots;

4. The names and ages of the heirs, legatees, or devisees, if any, of the deceased; or if they are unknown, the fact shall be so stated;

5. Such clauses in the will, if there be any, as require a distribution of the personal, making it necessary to sell the real estate to pay such liabilities.

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