Page:United States Statutes at Large Volume 47 Part 1.djvu/1094

 1070 17 .d CONGRESS. SESS. II. CH. 127. FEBRUARY 27, 1933, to make partition are of the opinion that the real estate can not be divided without prejudice or inconvenience to the owners, they Report by commix- must so report to the co urt and recommend that the whole be sinners. assigned as herein provided, and mu st fi nd and report the tr ue value of su ch re al estate. On f iling the repor t of the c ommis sione rs, and on making or securing the payment as before provided, the court, if it appe ars j ust and pr oper, must conf irm the re port, and there upon the assignment is complete, and the title to the whole of such real estate vests in the person to wh om the same is so assigned. ityofp yentst for equal- SEC. 904 . PAYMENTS FOR EQUALITY OF PARTITION, BY WHOM AND How .-Wh en any tra ct of land or t eneme nt is of g reate r val ue th an any one's share in the estate to be divided, and can not be divided without injury to the same, it may be set off by the commissioners appointed to ma ke partition to any of the parties who w ill accept it, giving preference as prescribedy in the preceding section. The par ty accepting mu st pay or secure to the others s uch s ums as the com mi ssi on ers shall award to ma ke the partition equal, and the commi ssion ers m ust m ake t heir award acco rding ly ; but such part i- ti on must not be established by the court until the sums awarded are p aid to the pa rt ies entitled to the sam e, or secured to the ir satis facti on. Sal e of estate. SEC. 905. ESTATE MAY BE soLD .-When it appears to the court, from the commissioners' report, that it can not otherwise be fairly divided and should be sold, the court may order the sale of the whole or any part of the estate, real or personal, by the executor or administrator, or by a commissioner appointed for that purpose, Ante, p. ioio. and the proceeds distributed. The sale must be conducted, reported, and confirmed in the same manner and und er the same require- ments provided in chapter 29 of this code. Notice before parti- SEC. 906 . To GI VE NOTICE TO ALL PERSONS AND GUARDIANS BEFORE tion. PARTITION ; DUTIES OF COMMISSIONERS .-Before any partition is made or any estate divided, as provided in this chapter, notice must be given to all persons interested in the partition, their guardians, age nt s, or attorneys, by the commissioners, of the ti me and pla ce when and w here they shall proc eed to mak e par titio n. The com- mis si one rs may tak e tes ti mon y, order surveys, and tak e suc h oth er steps as may be necessary to enable them to form a judgment up on the matters before him. Report of comm as- SE C. 907. To M AKE R EPORT ; SETTING ASIDE REPORT .-The co mmi s- sioners s sioners must report their proceedings, and the partition agreed upon by them, to the court, in writing, and the court may, for sufficient Court may set aside reasons, set aside the report and commit the same to the same com- report. missioners, or appoint others ; and when such report is finally con- fir med a certified co py of the judgment, .or decree of partition made thereon, attested by the clerk under the seal of the court, must be rec or ded in the office of the registrar of property. When parti tion com - SEC. 908. WHEN COMMI SSION ERS TO MAKE PARTITION ARE NOT NECES- missioners not neces- sary. sARV.-When the court makes a judgment or decree assigning the res id ue of any estate to one or m ore persons entitled to the sa me, it is not ne cessa ry to appo int c ommis sione rs to make part ition or d istri bu- tion thereof, unless the parties to whom the assignment is decreed, or some of them, request that such partition be made. hei Advan cemen ts to SEC. 909 . ADVANCEMENTS MAD E TO HEIRS .-A11 questions as to advancements made, or alleged to have been made, by the decedent to his heirs, may be heard and determined by the court, and must be specified in the decree assigning and distributing the estate and the final judgment or decree of the court is binding on all parties inter- ested in the estate.