Page:United States Statutes at Large Volume 47 Part 1.djvu/1065

 72d C ONGRESS. SESS. II. C H. 127. FEB RUA RY 27, 1933 . to the hands of the executor or administrator, and if no ne, the fact m ust be so stated in the in vent ory. SEC. 775 . EFFECT OF NAMING A DEBTOR E%EcuTOR :The naming of debt or of naming a person as exe cuto r do es not ther eby disc har ge him f rom any jus t claim which the testator has against him, but the claim must be included in the inventory, and the executor is liable for the same, as for so much money in his h ands, when the d ebt or demand be comes due. SEC. 778 . DISCHARGE OR BEQUEST OF DEBT AGAI NST EXE CUTO R .- The debt iDischarge, etc., of discharge or bequest in awil l, of anyde debt or demand of thetestat against the ex ecutor named, or any other person, is not valid ag ainst age-' a a as the creditors of the decedent, but is ~, specifi c bequest of the debt or demand. It m ust be incl uded in the inve nto ry, and, if nece ssar y, applied in the payment of the debts. If not necessary for th at pur- pose, it mu st be pai d in the same manner and proportion as other specific legacies. S EC. 777 . To MAKE OATH TO INVENTORY .-The inventory must be Inventory must be sign ed by the a ppra ise rs, if any there be, and the e xecu tor or signed. administrator must take and subscribe an oath before an officer oath by executor, authorized to administer oaths, that `the inventory contains a true etc., as to contents. stat eme nt of all the estate of the dec eden t w hich has com e to his know led ge and p osse ssio n, and part icul arly of all mon ey belonging to the decedent, and of all just claims of the decedent against the affiant. The oath must be indorsed upon or annexed to the inventory . SEC. 778. L ETTE RS MAY BE R EVOK ED FOR NEGLECT OF ADMINISTRATOR .- Revocation of letters If an e xecu tor or a dmin ist rato r ne glec ts or r efus es to return the for neglect. inve nto ry within the ti me pres crib ed. or within such further time, not exceeding two months, which the cou rt or judge shall, for reasonable cause, allow, the court ma y, upon notice, revoke the let- te rs testamentary or of administration, and the executor or adminis- trat or is liable on his bo nd for any injury to the es tate , or any pers on i nte rest ed t here in, aris ing fro m su ch failure. SEC. 779 . I NVEN TORY OF AFTBRDISC OVERED PROPERTY .-Whenever Afterdiscovered prop ert y not me ntio ned in an inventory th at is ma de and file d, property. comes to the p ossession or kn owledge of an ex ecutor or admini stra- Appraisal and in- tor, he mus t ca use the sam e to be app rais ed in the manner pr e- •entory l sc ri bed in th is subchapter, and ail inventory thereof to be returned within two months after the discovery and the making of such inve nto ry may be en forc ed, aft er n otic e, by a ttac hmen t or re mova l fr om office. SEC. 780 . EXE CUTO R E NTIT LED TO POSSESS ALL OF ESTATE OF DE CE- Possession of estate. DENT .-The executor or administrato r is entitled to the possession of all the real and personal estate of the decedent, and to receive the rents and profits of the real estate until the estate is settled or un til delivered ov er by the order of the court to the heirs or devisees ; and mus t ke ep in g ood tena nta ble repa ir all h ous es, buil ding s and fixtures thereon which are under his control. Af ter the exp irat ion of the time for the pr esen tat ion of c laim s, he is not en titl ed to recover the possession of any property of the estate from any heir, who has succeeded to the property in his possession or from any devisee, or legatee, to w hom the property has been devised or bequeathed, or from the assignee of any such heir, devisee, or legatee, unless he proves that the same is necessary for the pay me nt of debts or legacies, or of expenses of administration already accrued, or for distribution to some ot her heir, devisee, or le ga tee entitled thereto. The heirs or devis ees may themselv es, or jointly w ith the' executor or administrator, maintain an action for the possession of the real estate, or for the purpose of qui eting title to the same, 30 51'- 33- 66 1041