Page:United States Statutes at Large Volume 47 Part 1.djvu/1074

 1 050 72d CONGRESS. SESS. II. - CH. 127 . FEBRUA RY 27, 1933. PRO PE RTY TC CHAPTER 29 .-SALES AND CONVE YANCES OF DECEDENT. PROPERTY OF DECEDENTS Estate cha rgeable SEC. 818. ESTATE CHARGEABLE WITH DEBTS ; NO PRIORITY.-All of the with debts. property of a decedent shall be chargeable with the payment of the debts of the dec eased, the expen ses of administr ation, and the al low- ance to the family, except as otherwise provided in this code and in the Civil Code. And the said property, personal and real, may be No priority between sold in the man ner pres cribed i n this c hapter. There shall be no realty and personalty. priority as between personal and real property for the purposes of this section. Conlirmationofsales. SEC. 819. CONFIRMATION OF SALES .-All sales of property must be reported under oath to and confirmed by the court, before the title to the property passes. Peri shab le, etc ., p rop- „EC. 820 . PERISHABLE AND DEPRECIATING PROPERTY TO BE SOLD:At erty. any time after receiving letters, the executor, administrator, or spe- cial administrator may sell perishable and other personal property likely to deprec iate in value, o r which will inc ur loss or expens e by being kept, and so much other personal pro erty as may be necessary to pay the allowance made to the family ofpthe decedent. The exec- utor, administrator, or special administrator is responsible for the property unless, after making a sworn return, and on a proper show- ing, the court shall approve the sale. Personalty. SEC. 821. SALE OF PERSONAL PROPERTY BY EXE CU TOR OR ADMINIS- TRATOR.-If claims against the estate have been allowed, and a sale of property is necessary for their payment, or for the expenses of administration, or for the payment of legacies, the executor or admini strator may sell all or so much of the p ersonal property as may be necessar y theref or. He may also make a sale from time to time, so long as any personal property remains in his hands, and sale thereof is necessary. If it appear for the best interests of the estate, he may, at any time after filing the inventory, in like manner sell the whole or any part of the personal property belonging to the estate, whethe r necess ary to p ay debts or not. Such sale to take effect only upon confirmation by the court. Partnership inter- tests, chows in action. SEC. 822 . PARTNERSHIP INTERESTS AND CHOSES IN ACTION, HOW soLD.-Partnership interests or interests belonging to any estate by virtue of any partners hip form erly exi sting, i nterest in personal property pledged, and choses in action, may be sold in the same manner as other personal property, when it appears to be for the best interest of the estate. Before confirming the sale of any part- nershi p intere st, whet her made to the survivin g partne r or to any other perso n, the court or judge must caref ully inquire int o the con- dition of the partners hip affa irs, and must ex amine th e surviv ing partner, if in the Canal Zo ne and able to b e present in cou rt. Order of sales. SEC. 823 . ORDER OF SALES.-In making orders and sa les for the payment of debts or family allowance, such articles as are not neces- sary for the support and subsistence of the family of the decedent, At public auction, or or are not specially bequeathed, must be first sold. private sale. SEC. 824. SALE AT PUBLIC AUCTION OR PRIVATE SALE .-The sa le of personal property may be made at public auction or private sale, for Not ice. cash, and after public notice given for at least ten days by notices posted in t hree public plac es in the Canal Zone, or by publ ication in a newspaper of general circ ulation in the C anal Zone, or bo th, as the executor or administrator may determine, containing the time and pi ace of sale, and a brief description of the property to be sold, unless the property to be sold be perishable property, in which latter case at least one day's notice by posting as aforesaid shall be given. Public sales must be made at the courthouse door, or at some other