Page:United States Statutes at Large Volume 47 Part 1.djvu/1061

 72d C ONGRESS. SESS. II. CH. 127 . FEBRUARY 27, 1933 . 1037 chattels, debts, and effects of the decedent, all incomes, rents, issues, and profits, claims, and demands of the estate ; must take the charge and management of, enter upon, and preserve from damage, waste, and injury, the real estate, and for any such and all necessary purposes may commence and maintain or defend suits and other legal proceedings as an administrator ; he may sell such perishable property as the court may order to be sold, and exercise such other powers as are conferred upon him by his appointment, but except when app ointed w ith the powers, duties, and oblig ations o f a gen- eral administrator, as hereinafter provided, he is not liable to an action by any creditor on a claim against the decedent. When a speci al admin istrator is appo inted pen ding det erminati on gnpending d~m ac- of a contest of a will instituted prior to the probate thereof, or Lion on estate. pending an appea l from a n order appointi ng, suspe nding, o r remov- P owers, duti es, e tc ., ing an executor or administrator, such special administrator shall of. have the same powers, duties, and obligations as a general adminis- trat or, and the let ter s of adm ini stra tion is sued to him sha ll reci te that suc h specia l admini strator is appoi nted with the pow ers of a general administrator. SEC. 755. WHEN LETTERS TESTAMENTARY OR OF ADMINISTRATION ARE Te rminatio n of pow - GRANTED, SPECIAL ADMINISTRATOR'S POWERS CEASE .-When letters testa- er, etc. mentary or of administration on the estate of the decedent have been granted, the powers of the special administrator cease, and he must forthwith deliver to the executor or administrator all the property and effects of the decedent in his hands ; and the executor or admin- istrat or ma y pro secute to final judgment any suit commenced by the spec ial adm inis tra tor. SEC. 756. AC COUN T .-The speci al ad minist rator must rende r an de unt to be ren- account on oath of his proceedi ngs in l ike mann er as ot her admi n- istrators are required to do. His fees and those of his attorney shall be fixed by the court : Promo: Provided, however, That the total fees paid to the special adminis- Limitation on. trator and executor, or to the special administrator and gene ral Pod' p' i058. administrator of an estate must not, together, exceed the sums pro- vided for in section 858, including :the further allowance therein provided ; and that the total fees paid to the attorneys both of the special administrator and executor, or of the special administrator Total fees allowable. and eneral administrator, must not, together, exceed the sums pro- P~ p. iossn' vide for in section 859, including the further allowance therein provi ded. And when the same person does not act as both special administra- Division of. for and executor, or as special administrator and general adminis- trator, of the -estate, such fees shall be divided between the special administrator and executor, or between the special administrator and general administrator of the estate, in such proportions as the court shall de termine to be ju st and reasonabl e. And when the same attorney does not act - for both the special Attorney's fees. administrator and executor, or for the special, administrator and general administrator of the estate, such fees shall be divided between the attorneys in such proportion as the court shall determine to be just and re ason able. SEC. 757. PAYMENT O F SECU RED DEBT S BY SPEC IAL ADMI NISTRATO RS. - dePaayment of secured If it shall appear by the verified petition of any special adminis- trator, or oth er person intere sted in any esta te in the charge of any special administrator, that any of the property of said estate is subject to any mortgage, lien or deed of trust, to secure the payment of money, and t hat any amount so secured, either principal or interest, is past due and unpaid ; that the holder of the security threatens or is about to enforce or foreclose the same and that the