Page:United States Statutes at Large Volume 31.djvu/519

 FIFTY-SIXTH CONGRESS. Sess. I. Ch. 786. 1900. 467 Sec. 850. If the deceased left any pro rt real or rsonal, under °,’f °,'!,*°, ’°*‘°°¤¤ mortglagehand did not devise or providdwfoi?’the redgilption of the m pmpmx same y w1ll, the commissioner, upon the application of the executor or administrator, or the appl1cation of an e1r or creditor, or other person interested in the estate, may order the executor or administrator to redeem such property out of the proceeds of the other personal property, if it gppear that such redemption would be for the interest of st e egtateipn not prgjudicgal to creditgrsd Ord I h Ec. 51., u on suc app ication, sue re em tion bedeemed not ,,g°,'g,°,{‘ °”*° °' proper or inexpegient, the commissioner shall order such property to mo pmpeml e sold in like manner and with like effect as is provided in other cases of the sale of real property'by this chaplter; and the conveyance to the purchaser shall operate to convey to im all the estate, righf and iriterest wgigch the deceageg wlguld have had in the property {ad not t e same en mortgage y im. V ‘ Sec. 852. Ten dings before making an order for the application of c_,·§§§§@§§f‘ °’ ¥"°‘ aha; prglcecgils of suc gage, the gnortgagee or other tpersgnlfobwhomdthe e tw i is secur ysuc ‘mort geis ya es a ecite to appear and show the amount of his 5:bt, anllamake his objections, if any, to the report of the ezglignses of the proceeding and sale as, claimed by the executor or a inistratorg and thereupon the court shall order that the proceeds of the sale be iirst apgilied to the pavment of the proper expenses of-thegroceeding and sa e, and secondly, to thd;>nsat1sfaction o such debt, an the resi ue, 1f any, in due course of a inistration. Sec. 853. The three sections last preceding shall not be construed to fofggigedm gtgsglgg iggligle a mortgage cgvgichfhas peen fcgrceplosedfl or uppn whicig a sgjt gommemd mr um een commenc or orec osure ore the a ication or the ‘ orger of redegliption or sale is madpg ngr to andy otlgeijliign arising upon ju ent or ecree given against e ecease in is i etime. Sgnl; 854. If the debt secured by the mortgage mentioned in section m}Q}*ja’;,§,§;’,{ "°° dueeigiht pundrgdand fifty be nlpt due ai; tge l31lI1B gésthp nglaking of the ` or er or re emption or a p 'cation o the proce 0 s e, the party to whom it is payable shall be entitled to receive in satisfaction thereof gpch spm as may be ascertained to be equal to the present value ereo ., W Sec. 855. The order of confirmation of sale in this chapter men-  g&*{1ej*¤¤¤· tioned is conclusive as to the regularity of the sale and no further. All purchases of the groperty of the estate by an executor or administfiagzfoilggalgpwever   e, whether directly or indirectly, are prohibited, an e are V01 . Sec. 856. Whenever the assets of the estate are insufficient to sat- c0}”1{,°;*;*;*;§;**0g¤.;giQ . `isfy the funeral char es, expenses of administration, and the claims meuuortneueeeizseg. against the estate, ang the deceased shall in his lifetime have made or suffered any conveyance, transfer, or sale of any property, real or personal, or any right or interest therein, with intent to delay, hinder, or defraud creditors, or when such conveyance,·transfer, or sale. has been so made or sufered that the same is void in law as against creditors, or when the deceased in his lifetime has suffered consented, o1· procured any judgment or decree to be given against him with such intent or in such manner as to be likewise void, It is the duty of such executor or adminstrator to make application by petition to the commissioner for leave to commence and prosecute to final judgment o1· decree the necessary and proper actions or proceedings to- have such conveyance, transfer, sale, or judgment declared void, and the property aifected thereby discharged from the effect thereof. · _ Sec. 857. If upon the ap lication it appear to such commissioner that .,,,2§§*§,§,“§§°.§2§,‘wP” the assets are insumcient fldr the purposes specified in the last section, lpéidthatlgs is probable that the conveyancg trarffei, or judgment was e, s ere consente to, or rocure wit the intent or in the _ manner specified in the last sectiorit he shall make the order directing