Page:United States Statutes at Large Volume 31.djvu/1292

 1240 FIFTY-SIXTH CONGRESS. SEss. II. Ch. 854. 1901. SUno1»1A1··rEn THREE. Arm- ASSETS. “'h**‘°'° °*¤°*¤~ Sec. 317. WHAT ARE AssErs.—Leases for years, estates for the life of another person or other persons, and all goods, wares, merchandise, utensils, furniture, things annexed to the freehold which may be removed without prejudice thereto, the growing crop on the land of the deceased, and every other species of personal property, not including the clothing of the widow and minor children of the deceased and personal ornaments suitable to their station, shall be included in the inventory, and, together with the proceeds of- any real estate sold for the payment of debts, shall be considered assets to be administered by _ _ an executor or administrator. _ ,,,£§u‘{gQ’-.~°PP°‘“‘°d Sec. 318. DEnroR Ar1=·o1N*1·ED ExEoU·roR.——The discharge or bequest, —s1iS¢¤¤rs¤ vfeebtin in a will, of any debt or demand of a testator against any executor will, construction of,. . . . asagnnacmuiwm. named in a will, or against any other person, shall not be valid as against the creditors of the deceased, but shall be construed onl as a spccihc beguest of such debt or demand, and theamount thereofy shall be include in the inventory of the effects of the deceased and be assets for the payment of his debts, if necessary for that purpose, and, if not so necessary, shall be paid in the same manner and proportion as other specific legacies. · dlischarse resmwrs operate as a discharge or bequest of any just claim which the testator ° mm °t°‘ had against such executor; but such claim shall be included among the credits and effects of the deceased in the inventory, and the executor shall be liable for the same, as for so much money in his hands, at the time such debt or demand becomes due; and he shall ap ly and distribute the same, in the payment of debts and legacies and) among the next of kin, as part of the personal estate of the deceased. glrgggfluggg fzgggnmw Sec. 320. On the failure of the executor to give in such claim in the ` list of debts due the deceased, any person interested in the administration may allege the same by petition to said probate court, and the said court, with consent of the parties, may decide on the same, or it may be referred by the arties, with the court’s approval; or at the instance of either arty the court may direct an issue to be tried by a jury; and if said cl)aim shallin any of such proceedings be decided to be a just claim of the decedent against the executor, said executor shall be charged with the amount thereof as aforesaid. isgfgrflue by ¤dm*¤· Sec. 321. _ EBT DUE BY ADMrN1srnAron.——In like manner it shall be the duty of every administrator to give in a claim against himself, and on his giving it, or failure so to do, there shall be the same proceeding as above described with regard to an executor. SUBoHA1>·rEn Form. Sm- SALES. m§g¤¢¤ of rs¤¤<>¤¤1 as- Sec. 322. Sams or rnnsomn ESTATE.-Il] case any executor or `V administrator shall not have money sufficient to disc argc the just debts of and claims against the decedent, the probate court shall, on his application, made after the return of an inventory, direct a sale of the personal property therein contained, or of such part as the court may think prolper, and in such manner and on such terms as the court may direct. he court shall have power to direct a sale as aforesaid, if deemed by the court advantageous to the persons interested in the administration, on the application of any of the said persons. °*d°’*0*¤°·*°- Sec. 323. ORDER FOR SALE.—NO executor or administrator shall sell any property of his decedent without an order of the probate court
 * _,¤g§,‘;‘j§1,°(f,P,§gj°’t§ Sec. 319. The naming of any person as executor in a will shall not