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injury to the same, it may be set off by the Commissioners appointed to make partition to any of the parties who will accept it, giving preference as prescribed in the preceding section. The party accepting must pay or secure to the others such sums as the Commissioners shall award to make the partition equal, and the Commissioners must make their award accordingly; but such partition must not be established by the Court until the sums awarded are paid to the parties entitled to the same, or secured to their satisfaction.

be sold.

1682. (§ 268.) When it appears to the Court, Estate may from the Commissioners' report, that it cannot otherwise be fairly divided, and should be sold, the Court may order the sale of the whole or any part of the estate, real or personal, by the executor or administrator, or by a Commissioner appointed for that purpose, and the proceeds distributed. The sale must be conducted, reported, and confirmed in the same manner and under the same requirements provided in Article IV, Chapter VII of this Title.

To give persons and beforo

notice to all

guardians

partition.

1683. (§ 270.) Before any partition is made or any estate divided, as provided in this Chapter, notice must be given to all persons interested in the partition, their guardians, agents, or attorneys, by the Commissioners, of the time and place when and where they shall proceed to make partition. The Commis- Duties of sioners may take testimony, order surveys, and take sioners. such other steps as may be necessary to enable them [ to form a judgment upon the matters before them.

1684. (§ 271.) The Commissioners must report their proceedings, and the partition agreed upon by them, to the Probate Court, in writing, and the Court may, for sufficient reasons, set aside the report and commit the same to the same Commissioners, or

Cominis

To make partition to

report, and

recorded

When Commissioners, to make partition, are not necessary.

Advancements made to heirs.

appoint others; and when such report is finally confirmed, a certified copy of the judgment or decree of partition made thereon, attested by the Clerk, under the seal of the Court, must be recorded in the office of the Recorder of the county where the lands lie.

1685. (§ 272.) When the Probate Court makes a judgment or decree assigning the residue of any estate to one or more persons entitled to the same, it is not necessary to appoint Commissioners to make partition or distribution thereof, unless the parties to whom the assignment is decreed, or some of them, request that such partition be made.

1686. (§ 273.) All questions as to advancements made, or alleged to have been made, by the decedent to his heirs, may be heard and determined by the Probate Court, and must be specified in the decree assigning and distributing the estate; and the final judgment or decree of the Probate Court, or, in case of appeal, of the Supreme Court, is binding on all parties interested in the estate.

Court may

appoint

agent to

take pos

session for

ARTICLE IV.

AGENTS FOR ABSENT INTERESTED PARTIES, DISCHARGE OF EXECUTOR
OR ADMINISTRATOR.

SECTION 1691. Court may appoint agent to take possession for ab

sentees.

1692. Agent to give bond, and his compensation.

1693. Unclaimed estate, how disposed of.

1694. When real and personal property of absentee to be

sold.

1695. Liability of agent on his bond.

1696. Certificate to claimant.

1697. Final settlement, decree, and discharge.

1698. Discovery of property.

1691. (§ 274.) When any estate is assigned or

distributed by a judgment or decree of the Court, as

absent provided in this Chapter, to any person residing out

of and having no agent in this State, and it is necessary that some person should be authorized to take possession and charge of the same for the benefit of such absent person, the Court may appoint an agent for that purpose, and authorize him to take charge of such estate as well as to act for such absent person in the distribution.

1692. (§ 275.) The agent must first give a bond to the Probate Judge, to be approved by him, conditioned that he shall faithfully manage and account for the estate. The Court appointing such agent may allow a reasonable sum out of the profits of the estate for his services and expenses.

1693. (§ 276.) When personal property remains in the hands of the agent unclaimed for a year, and it appears to the Court that it is for the benefit of those interested, it shall be sold under the order of the Court, and the proceeds, after deducting the expenses of the sale allowed by the Court, must be paid into the State Treasury. When the payment is made, the agent must take from the Treasury duplicate receipts, one of which he must file in the office of the Controller, and the other in the Probate Court.

Agent to and his sation.

give bond,

compen

Unclaimed

estate, how

disposed of.

1694. The agent must render to the Probate Court When appointing him, annually, an account, showing:

real and personal property

to be sold.

1. The value and character of the property received of absentee by him, what portion thereof is still on hand, what sold, and for what;

2. The income derived therefrom;

3. The taxes and assessments imposed thereon, for what, and whether paid or unpaid;

4. Expenses incurred in the care, protection, and management thereof, and whether paid or unpaid.

When filed, the Probate Court may examine witnesses and take proofs in regard to the account; and if satisfied from such accounts and proofs that it will be

Liability of

agent on his bond.

Certificate to claimant

Final settlement,

discharge.

for the benefit and advantage of the persons interested therein, the Court may, by order, direct a sale to be made of the whole or such parts of the real or personal property as shall appear to be proper, and the purchase money to be deposited in the State Treasury.

1695. (§ 277.) The agent is liable on his bond for the care and preservation of the estate while in his hands, and for the payment of the proceeds of the sale as required in the preceding sections, and may be sued thereon by any person interested.

1696. (§ 278.) When any person appears and claims the money paid into the Treasury, the Probate Court making the distribution must inquire into such claim, and being first satisfied of his right thereto, must grant him a certificate to that effect, under its seal; and upon the presentation of the certificate to him, the Controller must draw his warrant on the Treasurer for the amount.

1697. (§ 279.) When the estate has been fully decroe, and administered, and it is shown by the executor or administrator, by the production of satisfactory vouchers, that he has paid all sums of money due from him, and delivered up, under the order of the Court, all the property of the estate to the parties entitled, and performed all the acts lawfully required of him, the Court must make a judgment or decree discharging him from all liability to be incurred thereafter.

Discovery of property.

1698. (§ 280.) The final settlement of an estate does not prevent the subsequent issuance of letters testamentary, or of administration with the will annexed, whenever other property of the estate is discovered, or whenever it becomes necessary or proper, from any cause, that letters should be again issued.

CHAPTER XII.

of orders, dECREES, PROCESS, MINUTES, RECORDS, TRIALS, AND APPEALS.

SECTION 1704. Orders and decrees to be entered in minutes.

1705. How often publication to be made.

1706. Recorded decree or order to impart notice from date of
filing.

1707. Citation, how directed, and what to contain.

1708. Citation, how issued.

1709. Citation, how served.

1710. Personal notice given by citation.

1711. Citation to be served five days before return.

1712. One description of real estate sought to be sold being
published, is sufficient for all purposes.

1713. Rules of practice generally.

1714. New trials and appeals.

1715. Within what time appeal must be taken.

1716. Issues joined in Probate Court, how tried and dis

posed of.

1717. Court to try case when no jury is demanded. How
and what issues to be tried.

1718. Court to appoint attorney for minor or absent heirs,
devisees, legatees, or creditors, when, and what com-
pensation he is to receive.

1719. Decree relative to homestead, and effect thereof.

1720. Costs, by whom paid in certain cases.

1721. Executor, administrator, or guardian to be removed
when committed for contempt, and another ap-
pointed.

1704. (§ 287.) All orders and decrees made by the Probate Court during its terms, and all orders which the Probate Judge is specially authorized to make out of term time or at chambers, must be entered at length in the minute book of the Court. Upon the close of each term the Judge must sign the

minutes.

1705. (§ 287.) When any publication is ordered, such publication must be made daily or otherwise, as often during the prescribed period as the paper is regularly issued, unless otherwise provided in this Title.

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