Page:United States Statutes at Large Volume 31.djvu/1293

 FIFTY-SIXTH CONGRESS. Sess. II. Ch. 854. 1901. 1241 authorizing such sale; and any such sale made without a revious order authorizing it shall be void and pass no title to the purchaser. If any executor or administrator shall sell, pledge, or dispose of an pro erty without such previous order, his letters may be revoked andy an ad)ministrator apppointed, whose duty it shall be immediately to recover possession 0 said property, and such removed executor or administrator maybe proceeded a ainst by attachment; but where there are two or more executors or administrators, and a sale, {pledge, or disposition of property has been made without the consent o all, the revocation shall only extend to the person or persons so offending, and the remaining executors or administrators s all have power to discharge the duties of their office and institute proceedings for the recovery of the propert and attachment as aforesaid. gm. 324. The preceding section shall not be construed to apply to §gg°P€ °*¤€°¤°¤“m· any case where an executor shall be authorized by will of his testator ' to make sale of any property. . - — _ ·, Sec. 325. Powmz or SALE TO EXEOU'1‘OR.—-Ill all cases in which a ec§§g€' °‘S°l°’° °*‘ testator has directed his real estate to be sold for the payment of his ` debts or legacies, the executor may sell and convey the same, and shall account for the proceeds thereof to the probate court in the same manner that he is bound to account for the proceeds of personal estate; but such sale shall not be valid unless ratified by said court after notice given by publication according to the practice in equit. In case the "’°"““‘ "°“°‘· executor shall refuse or decline to act, or shall die witliout executing the power vested in him, it shall be lawful for the court, on the application of any person interested, to appoint an administrator de bonis non with the will annexed to execute such ower in the same manner in which the -executor appointed by the will)might have done. Sec. 326. Stmvrvoa or SEVERAL :rRUs1·EEs.—-In all cases where two ,r§§,§g§,V§{,§Q§$_”“”l or more trustees shall be appointed by last will to execute a trust, or shall be em owered to sell, dispose of, or convey lands or other prop- `erty devises to them jointly, upon the death of any one or more of them the survivor or survivors shall be held authorized to execute such trust or power; and if any one of such trustees shall in writing, signed by him and attested by a witness, relin uish or disclaim said trust or refuse to act under said will, and shall deliver such writing to the probate court of the District for record, the right of such trustee to act shall cease, and the remaining trustee or trustees appointed by said will shall be authorized to execute the trusts of saig will and make all sales and execute all conveyances and other acts necessary for that purpose. Suacmmaa FWE. •  Suits. Sec. 327. Surrs BY AND Aenmsr Exacuroas, AND so roam.- ,,§,‘$%‘€§°,§,';‘€§ “g°“‘“° Executors and administrators shall have full power and authoritg to commence and prosecute any personal action at law or in equity w ich the testator or intestate mig t have commenced and prosecuted, except actions for slander and for injuries to the person; and they shall also be liable to be sued in the supreme court of said District in any action at law or in equity, except as aforesaid, which might have been maintained against the deceased; and they shall be entitled to or answer- ‘°°S‘“· able for costs in the Same manner as the deceased would have been, and shall be allowed for the same in their accounts, unless it shall appear that there were not probable grounds for instituting or defending the suits in which judgments or decrees shall have been given against them.