Page:1862 Territory of Dakota Session Laws.pdf/52

CHAP. II.] probate having jurisdiction in the case, or by a disinterested justice of the peace of such other county.

. 3. When appraisers shall be appointed by a justice of the peace, he shall issue an order to them, in substance as follows:

ss.

Το, of , in said county:

You are hereby appointed to appraise, on oath, the estate and effects of, late of , deceased, which may be in said county; and when you have performed that service, you are required to deliver this order, and your doings in pursuance thereof, to , executor (or administrator, as the case may be,) of said deceased.

Given under my hand this day of, in the year

, Justice of the Peace.

. 4. The appraisers shall set down opposite to each item in such inventory, distinctly, in figures, the value thereof in money, and deliver the same, certified by them, together with their appointment, if made by a justice of the peace, to the executor or administrator.

. 5. A separate and distinct inventory and appraisement shall be made and returned, as aforesaid, of all the household furniture and other personal property, which may be allowed to the widow, pursuant to law; but the same shall not be considered assets in the hands of the executor or administrators.

. 6. The personal estate of the deceased, which shall come into the hands of the executor or administrator, shall be first chargeable with the payment of the debts and expenses; and if the goods, chattels, rights, and credits, in the hands of the executor or administrator, shall not be sufficient to pay the debts of the deceased and the expense of administration, the whole of his real estate, not exempt by law, except the widow's dower, or so much thereof as may be necessary, may be sold for that purpose by the executor or administrator, after obtaining license therefor, in the manner provided by law.