Page:United States Statutes at Large Volume 47 Part 1.djvu/1079

 72d C ONGRESS. SESS. II. CH. 127 . FEB RUARY 27, 1933. 1055 order the surviving partner to render an account, and in case of neglect or refusal may, after notice, compel it by attachment ; and the e xecu tor or a dmini stra tor may main tain agai nst him any actio n which the decedent could have maintained. SEC. 833 . ACTIONS ON BOND OF EXECUTOR OR ADMINISTRATOR M,AY BE Action on bond of BRO UG HT BY ANOTHER ADMINISTRATOR .-An administrator may, in his exeeutor,etc . own name, for the use and benefit of all parties interested in the estate, maintain acti ons on the bond of a n executor, or of an y former administrator of the same estate. SEC. 834. WHAT EXECUTORS ARE NOT PARTIES TO ACTIONS .-In actions Unqualified execu- tors not parties to by or against executors, it is not necessary to join those as parties actions. to whom letters were issued, but who have not qualified. SEC. 835. MAY coMPouND .-Whenever a debtor of the decedent is Compounds and unable to pay all his debts, the executor or administrator, with the compromises . approbation of the court or judge, may compound with him and give him a discharge, upon receiving a fair and just dividend of his effects. A compromise may also be authorized when it appears to be just, and for the be st interes t of the e state. S EC. 836. RECOVERY OF PROPERTY FRAUDULENTLY DISPOSED OF BY Recovery of property disposed TE S A T OR .-When there is a deficiency of assets in the hands fraudulen tly of an of by testator. executor or administrator, and when the decedent, in his lifetime, has conveyed any real estate, or any rights or interests therein, with intent to defraud his creditors, or to avoid any right, debt, or duty of any person, or has so conveyed such estate that by law the deeds or conveyances are void as against creditors. the executor or adminis- trator must commence and prosecute to final judgment any proper action for the recovery of the same ; and may recover for the benefit of the creditor all such real estate so fraudulently conveyed ; and may also, for the benefit of the creditors, sue and recover all goods, chattels, rights, or credits which have been so conveyed by the deced ent i n his lifet ime, whatev er ma y hav e been the manne r of such fraudulent conveyance. SEC. 837 . WHEN EXECUTOR TO SUE, AS PROV IDED IN PRECEDING Suit to be instituted SEC TI ON .-N o exe cutor or ad minis trator is b ound to sue for such tor n pplicsticn of credi- estate, as mentioned in section 836, for the benefit of the creditors, unless on application of creditors, who must pay such part of the costs and expenses of the suit, or give s uch security to the executor or administrator therefor, as the court or judge shall direct. SEC. 838. DISPOSITION OF ESTATE RECOVERED .-All real estate So Disposition of estate recovered must be sold for the payment of debts, in the same manner rec ove red. a s if the decedent had died seised thereof, upon obtaining an order therefor from the court ; and the proceeds of all goods, chattels, rights, and credits so recovered must be appropriated in payment of the debts of the decedent in the same manner as other property is the hands of the executor or administrator. The re mainder of the proceeds, after all the debts of the decedent have been paid, must be paid to the person from whom such property was recovered. SEC. 839 . CO URT MAY ORDE R FUNDS DEPOSITED .--The court is Deposit of funds on empowered to order any executor or administrator to deposit any or order of court . all funds of an estate, coming into his hands, in a bank or banks, or other depositary, to be designated by the court. The deposit shall be made in the name of the executor or administrator with a desig- nation of his fiduciary capacity. The court may direct the executor or administrator to deposit any or all of such funds in an interest- Proa;,o. bearing account : Provided, however, That nothing in this section Executors, etc ., not shall be construed to relieve any executor or administrator from any relieved thereby . duties' duty otherwise imposed by law.