Page:United States Statutes at Large Volume 31.djvu/457

 F IFT Y-SIXTH CONGRESS. Sess. I. Ch. 786. 1900. 405 of an infant it appear that he has personal proiperty sufficient for that purpose. and that his interest will be promote thereby. Sec. 441. When the share of an in ant is sold the proceeds of the mY;’h§‘{d¥{g°§§§‘}§,§,§ sale may be paid by the referees making the sale to his general guard- of i¤¥¤¤¤· ian, or the special guardian appointed for him in the action, upon such Qiardian giving the security required by law or directed by order of t e court. Sec. 442. The guardian who may be entitled to the custody and mQV§°g;g}g'ig>€¤r§g;d· management of the estate of an insane person, or other person adjudged ` incapable of conducting his own affairs, whose interest in real property shall have been sold, may receive in behalf of such person his share of the proceeds of such real property from the referees on executing, wit sufficient sureties, an undertaking, approved by the judge of the court, that he will faithfully discharge the trust reposed in him, and will render a true and just account to the person entitled, or to his legal representatives. ‘ . _ _ Sec. 443. The costs of artition, including fees of referees and h0Q,$“§"pp§{,i§§§‘§$‘°“· other disbursements, shall life paid by the parties respectively entitled ‘to share in the lands divided, in proportion to their respective interests therein, and may be included and specified in the judgment. In that case they shall be a lien on the several shares, and the juclginent may be enforced by execution against the parties separately. hen, however, a litigation arises between some of the parties only, the court may require the expenses of such litigation to be paid by the parties thereto, or any of them. CHAPTER F 0RTY-Form. or Acr1‘IONS OF AN EQUITABLE NATURE BY AND AGAINST EXEGUTORS, AISMINISTRATORS, LEGATEES, HEIRS, AND DEVISEES. Sec. Sec. 444. I1 what actions chapter 37 shall 453. Section 452 nottoaffecta casewhere apply. _ debt charged upon real estate by 445. An action against next of kin by will. _ creditor of the estate. 454. Preference of debts, and dehnition 446. Each liable for the whole amount thereof. received. 455. Howjudgmenta.gainstheirordevisee 447. Next of kin may maintain an action enforced. to compel contribution. 456. When heirs or devisees personally 448. An actionagainstlegateesbycreditor liable. - of the testator. _ 457. Judgment against several heirs or 449. Apportionment of costs m an action devisees jointly to be apportioned against next of kin or legatees. among them. 450. Payment of the amount recovered 458. Devisees not liable when there are ' against any one satisfies the judg- assets. ment as to_such person. 459. Liable for deficiency only. 451. Heirs or devisees liable for the debts 460. Two preceding sections not to affect of their ancestor or testator. a case where the debt is charged 452. Inhwlligt cases and to what extent not I upon the real property by the will. a e.. Sec. 444. The rovisions of chapter thirty-seven of this title shall I¤ Whgt ¤°¤i0¤¤ agply to actions df an equitable nature by and against executors and chaping shauappm ` a mmistrators, except as in this chapter otherwise or specially rovided. Sections threehundred and fi ty-one, three hundred and nifty- two, and three hundred and fifty-three of such chapter shall not so apply. All causes of actions of an equitable nature by one person against another, however arising, surv1ve to the personal representatives of the former and against the personal representatives of the latter. When the cause of action survives, as herein provided, the executors or administrators may maintain an action of an equitable ’ nature thereon a `nst the party against whom the cause of action accrued, or after gi; death against his personal representatives.