Page:United States Statutes at Large Volume 31.djvu/517

 FIFTY-SIXTH CONGRESS. Sass;. I. Ch. 786. 1900. 465 Sec. 835. The tition for the order of sale of real roperty shall 1"°““°“‘°' °“‘°’9‘ state the, amounR>f the sales ogdpersonal property? the charges, me mr pmpmh expenses, and claims still unsatisi r,. so far as the same can be ascertained, a  of the real property of the estate, the cond1tiou and probable v » ue of the diferent portions or lots thereof, the amount ~ and nature of any liens. thereon, the names, ages, and residence of the devisees,   any, and of the heirs of the deceased, so far as known. - Sec. 836. Upon thefiling of the petition a citation shall issue to the cgmuon to rem devisees and heirs therein mentioncd,.and to all others unknown, if 2§',,,g°v“°°“ "3 “h°" any such there be, to appear at a time therein mentioned, not less than thirty days after the service of such citation, to show cause, if any existéggiy an order of sale, should not be made as in the petitionra . or. - ‘ -. P Sync. 837. Upon an heir or devisee known and resident within the Service ¤f¤i¢¤¤i¤¤- district such citation shall be servedé and returned as a summons, and upon an- heir or devisee unknown or nonresident it may be served by ublicatioa or poswg,. or both, not less than four wee s, or for su - llnrther time as the commissioner may prescribe. When service is had by, the citation shall be posted at not less than three: public p_ within the precinct, one o which shall be the post-omce nearest to the place where the decedent resided at the time of his death. When service of the citation is made by publication or posting, there shall be given vim it a brief descriptmn of the property described in the petrnon. - A _ Sec. 838. If, upon the hearing, the court End that it is necessary near-mg and orde that the real property, or any portion thereof, should be sold, it shall °f "]°‘· - make the order aceordinggy, and premribe the terms thereof, whether of. cash or credit, or bot ; and if such property can not be divided _' without probable injury and loss to the estate, it may order that it, or - » anyspecific lot orportion thereof,  be sold whol y, whether other- ° or not. · ‘ · Sm. 839; pon the order being made, the executor or administrator Sa1e,how made: ss-- shall selh the groperty therein specified upon the terms directed and §§‘§{,*§',,_'°' p"‘°h°’° in the manner erein otherwise prwrided; Such: sale shall be made in the same manner as like property is sold on execution: Provided, however The commissioner may, it thoxht best, order said property to be sold onthe Slremises. When the e is u n credit the executor or administrator  takethe note of the purdlgsser for the purchase money, with a mortgage upon the property to secure the payment thereof; *@ - Sm. 840. Within ten days after thesalc of real property the.exec· aetqm or Sans, and ntor or administrator shall make a return of hisproceedin s concern- °*’·‘°°“°““ “‘°'°‘°· .: ing such sale. Upon such return any of the ersons citeg to- appear on the application for the order of sale may 5e his objections to the cox§firn1ation§f suclghsalzm. h Sha ·. nc. 841. = pon ethe court ll confirm the sale and Wim we ¤<>§¤- decree that the executor oxliuddxninistramr make a conveyance tc- the gl&l1 md Wim `°` purchaser, unless it alppear that there were irregularities in the sale, or that the sum bid en for  property is dis roportionate to the value. thereof, and that ·a sum exceeding such hid at least ten per centum, exclusive of theexpenses of a new sale, may· be obtained therefor, in` either of whiclrcases the court shall make an order vacating .the sale and directing that the property be resold; and upon such second sale the property, or any specific portion or lot thereof, ordered to be resold shall be sold as if no previous sale had- taken place. In case no objections are made to the confirmation of the sale as provided in the section last preceding, the court shall- nevertheless examine the proceedings concerning suc sale, and, if it appear proper, may make the order of resale uprovided for in this section in the same manner and effect asobjections had been filed thereto. j v01. xxx1——30