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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.

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 settions, shall forth with 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 froin 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

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 ap-, praisers 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.

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

law.

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 PAY

MENT OF DEBTS.

SECTION
1. Real estate so devised, to be sold accord-

ing 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.

9:}

SECTION

6. Hearing of petition.
7. Provisions as to infant devisees or heirs.
8. Court

may order part or whole to be
9. 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 adıninistrator 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 es-

tate 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 devisec. 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.

Sec. 4. Upon the filing of any such petition, said court, or any judge thereof, may make an order directing all persons interested to appear before said court, at a time and place specified, to show cause why an order should not be granted for the sale of so much of the real estate of the deceased as shall be necessary to pay such debts.

Sec. 5. A copy of the order to show cause shall be personally served on all persons interested in the estate at least ten days before the time appointed for hearing the petition, or shall be published in such newspaper, and for such length of time, as shall be designated by the court or judge making such order.

Sec. 6. The court, at the time appointed in such order, or at such other time as the hearing may be adjourned to, upon proof of the due service or publication of a copy of the order, or upon filing the consent, in writing, to such sale, of all parties interested competent to consent, shall proceed to the hearing of such petition; and if such consent be not filed, shall hear and examine the allegations and proofs of the petitioner, and of all persons interested in the estate who may oppose the application.

Sec. 7. If any of the devisees or heirs of the deceased are minors and have a guardian, the copy of the order shall be served on the guardian if he be within this District. If they have no guardian, the court shall, before proceeding to act upon the petition, appoint some person as their guardian ad litem.

Sec. 8. If it shall appear to the court that it is necessary to sell a part of the real estate, and that by a sale of such part the residue of the estate, or some specific part or piece thereof, would be greatly injured, the court may authorize the sale of the whole estate, or of such part thereof as may be judged necessary and most for the interests of all concerned.

Sec. 9. If the court shall be satisfied, after a full hearing of the petition and an examination of the proofs and allegations of the parties interested, that a sale of the whole or some portion of the real estate is necessary for the payment of debts, or if such sale be assented to by all the persons interested, the court shall make an order of sale authorizing the executor or administrator to sell the whole, or so much and such parts, of the real estate described in the petition, as it shall judge proper. Sec. 10. Previous to the making of an order for any such sale, the executor or administrator shall file in the office of the clerk of the circuit court a bond, payable to the United States, in a penalty not less than double the value of the real estate to be sold, with sufficient sureties to be approved by the court, and conditioned for the faithful discharge of his trusts and the proper administration of the assets arising from the sale of such real estate.

Sec. 11. The order shall specify the real estate to be sold, and the terms of sale, which may be either for cash or on a credit not exceeding twelve months, as the court may direct. If it appears that any part of such real estate has been devised and not charged in such devise with the payment of debts, the court shall order that part descended to heirs to be sold before that so devised.

Sec. 12. Any creditor, upon filing a petition therefor, verified by affidavit, setting forth the amount of the personal estate, the insufficiency of such personal estate to pay the debts outstanding, a description of the real estate of the decedent, the names and ages of the heirs, devisees, or legatees, if they be known, and if not known, so stating, may have an order for the sale of such real estate by the executor or administrator, under the same regulations as are provided in case of an application to sell real estate by an executor or administrator. Notice of the filing of such petition shall be given to the executor or administrator, and he shall be made a party to such proceeding.

Sec. 13. The circuit court may, in its discretion, upon such petition being filed by either the executor, administrator, or creditor, appoint any person other than the administrator or executor to make the sale, and such person, before proceeding to sell, shall give such bond as is hereinbefore required of an executor or administrator.

Sec. 14. When a sale is ordered, such notice of the time and place of sale shall be given as is prescribed in relation to sales of real estate upon execution.

Sec, 15. The executor, administrator, or other person making any sale of real estate as aforesaid, shall, at the next term of the circuit court, make a return of his proceedings. Any person interested in the estate may file written objections to the confirmation of the sale, and may be heard and may produce witnesses in support of his objections.

Sec. 16. If it appear to the court that the sale was legally made

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