Page:United States Statutes at Large Volume 47 Part 1.djvu/1066

 1042 Surrender of re al estate. 72d C ONGRESS. SESS. II. CA. 127. FEBRUARY 27, 1933 . again st an yone excep t the exec utor or ad minis trato r ; but thi s sec - tion shall not be so construed as requiring them so to do. SEC. 781. E XECUT OR OR ADMINISTRATOR TO DELIVER REA L ESTATE TO HEIRS OR DE vISEE S .- Unles s it satis facto rily appea r to the c ourt that the rents, is sue s, and pro fi ts of the real estate for a longer period are necessary to be received by the executor or administrator, where- with to pay the debts of the decedent, or that it will probably be necessary to sel l the r eal estate for the payment of suc h debts, the court at the end of the time limited for the presentation of claims aga in st the estate, mus t direct the executor or administrator to del iv er po sse ss ion of all the rea l estate to the heirs at law or devisees. Embe zzlem ent a nd surrender of property of estate. EMB EZZLE MENT AND S URREN DER O F PRO PERTY O F ESTATE Liability of embez- zler. SEC. 78 2. EMBEZZLING EFFECTS OF A DE CE DEN T.-If any person em- bezzle s, co nceal s, sm uggle s, or frau dulen tly d ispos es of any of the moneys, goods, chattels, or effects of a decedent, he is chargeable therewith, and liable to an action by the executor or administrator of the estate for double the value o f th e property so embezzled, con- cealed, smuggled, or fraudulently disposed of, to be recovered for the benefit of the estate . Citation of person SEC. 783. CITAT ION TO PERSON SUSPECTED OF EMBEZZLEMENT, CON- suspected. CEALMENT, AND SO FORTH, OF PROPERTY.-If any executor, administra- tor , or ot her person in ter es ted in the estate of a decedent, complains to the district court or judge, on oath, that any person is suspected to have concealed, embezzled, smuggled, or fraudulently disposed of any moneys, goods, or chattels of the de ceden t, or has in his possession or knowledge any deeds, conveyances, bonds, contracts, or other writings, which contain evidences of or tend to disclose the right, title, interest, or claim of the decedent to any real or personal estate, or any cla im or dema nd, or an ~' lost will, the said court or judge may cite such person to appear before such court, and may examine him on oa th up on the matter of such complaint. But if he appears and is fou nd in nocen t, his nec essar y exp enses must be a llowe d him out of the estate. Penalty for failure to SEC. 78 4. REFUSAL TO OBEY CITATION, PEN AL TY FO R, AND FOR obey. EMBEZZLEMENT ; MAY BE COMPELLED TO DISCLOSE BY IMPRISONMENT ; LIABLE FOR DOUBLE DA MAG ES .-If the person so cited refuses to appear and s ubmit to an exa minat ion or to answe r suc h int errog atori es as may be put to him, touching the matters of the complaint, the court may, by warrant for that purpose, commit him to jail, there to remain in close custody until he submits to the order of the cou rt Discovery of prop . or is discharged according to law. If, upon such examination, it arty. appears that he has concealed, embezzled, smuggled or fraudulently dispo sed o f any moneys, goods, or chattels of the decedent, or that he has in his possession or knowledge any deeds, conveyances, bonds, contracts, or other writings containing evidences of or tending to dis cl ose the right, title, interest, or claim of the decedent to any real or personal estate, claim, or demand, or any lost will of the dec ed ent the cou rt may mak e an or der requiring s uch person to disclose hi s knowledge thereof to the executor or administrator, and may commit him to knowledge there to remain until the order is complied with, or he is discharged according to law ; and all su ch interroga- tories and answers must be in wri ti ng, signed by the pa rty examined, and filed in the court. In add ition to the ex amina tion of the party, witnesses may be produced and examined on either side. Cit at ion of persons SEC. 755. PERSONS INTRUSTED WITH ESTATE OF DECEDENT MAY BE Intrusted with estate- -CITED TO AcconNT.-The district court or judge, upon the complaint, on oath, of any executor or administrator, may cite any person who