Page:United States Statutes at Large Volume 47 Part 1.djvu/1201

 72d CONG RESS. SESS. II. CH. 128 . FE BRUAR Y 27, 1933 . representative ; and he may be authorized by the district court to sell the property devised and bequeathed in the cases herein provided. Ceoss REFeasNCs How title passes in cases of intestacy, see section 402 . SEC. 390 . PossEssioN of LEGATEES.-Where specific legacies are for life only, the first legatee must sign and deliver to the second legatee, or, if there is no ne, to the pe rs ona representative, an inventory of the property, expressing that the same is in his custody for li fe only, and that, on his decease, it is to be delivered and to remain to the use and for the bene fit of the seco nd le gatee , or to the per sonal representative, as the case may be. bEe. 391. BEQUEST OF INTEREST .- In ca se of a be qu est of the interest or income of a certain sum or fund, the income accrues from the testator's death. Cu oss RE IREINCE$ 1So in original. Inte ntion of t estat or, s ee se ction 351. SEC. 396. EXECUTOR ACCORDING TO T E TENOR .-Where it appears, by the term s of a wil l, th at it was the i ntent ion of the test ator to commit the execution thereof and the administraion of his estate to any p erson as e xecut or, s uch p erson , alt hough not named exec utor, is ent itled to l etter s tes tamen tary in li ke ma nner as if he had be en nam ed executor. SEC. 397. PowER GI VEN EXECUTOR TO APPOI NT I$ INVALID
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author ity to an execu tor to app oint an ex ecuto r is void. SEC. 398. E%ECtrroB NOT TO ACT TILL QUALIFIED.-No person has any power, as an executor, until he qualifies, except that, before letters have been issued, he may pay funeral charges and take necessary measures for the preservation of the estate. p Civil Procedure. of the testator in the cases and to the extent rescribed by the code of Post, p . 1176 Possession of lega- cies. 1177 Bequest of income, etc. Accumulations, see sections 224 et seq. Ante, p. 1156. Annuities commence at testator's death, see section 393 . .SEC. '392 . SATISFACTION. - A leg ac y, or a gi ft in contemplation, fear, or peril of death, may be satisfied before death . SEC. .393. LEGACIES, wa ne Du E. -Lega cies are due and del ivera ble at the expiration of :one -year after the testator's decease. Annuities commence at 'the testator's decease. SEC. 394. LcTERE$T .-Legacies bear interest from the time when they are due and payable, except that legacies for maintenance, or to the testator's widow, bear interest from the testator's decease. SEC. 3'95. CONSTRUCTION OF THESE irnT.lt s .-Sections 391 to 394 are in all cases to be controlled by .a testator's express intention. Cros5 REFERENCE Satisfaction. Legacies, whe n due. Interest on legacy. Construction of rules . Antr, p. 1172. Executor according to the tenor. Power of executor to appoint invalid. Executor not to act until qualified CROSS REFERENCE Payment of debts, see section 385. Ante ' p. 1176. EC. 399 . LIABILITY OF BENEFICIARIES FOR TESTATOR $ OBLIGATIONS .- Liabilit y for testator ' s t est of ator's beneS. oh- Those to whom property is given by will are liable for the obligations lig ations.