Page:United States Statutes at Large Volume 76A.djvu/685

–589– -589§ 1202. S a m e; notice; preference The appointment of a special administrator under this subchapter may be made at any time upon such notice to such of the persons interested in the estate as the court deems reasonable. I n making the appointment, the court shall give preference to the person entitled to letters testamentary or of administration. § 1203. Bond; oath; letters A special administrator, other than the public administrator, shall give bond in such sum as the court directs, with sureties to the satisfaction of the court, conditioned for the faithful performance of his duties; and he shall take the usual oath, and have the oath indorsed on his letters. Thereupon, the clerk shall issue special letters of administration to him. § 1204. Powers and duties of special administrator (a) A special administrator shall: (1) collect and preserve for the executor or administrator all the goods, chattels, debts, and eflfects of the decedent, and all incomes, rents, issues, profits, claims, and demands of the estate; and (2) take charge and the management of, enter upon, and preserve the real estate from damage, waste, and injury. (b) For the purposes of carrying out subsection (a) of this section, and for all necessary purposes, a special administrator may: (1) commence and maintain or defend suits and other legal proceedings as an administrator; (2) sell such perishable property as the court orders to be sold; and (3) exercise such other powers as are conferred upon him by his appointment— but, except when a special administrator is appointed with the powers, duties, and obligations of a general admmistrator, as hereinafter provided, he is not liable to an action by a creditor on a claim against the decedent. § 1205. Powers and duties when appointed pending will contest or other proceedings A special administrator appointed pending determination of a contest of a will instituted prior to the probate thereof, or pending an appeal from an order appointing, suspending^ or removing an executor or administrator, has the same powers, duties, and obligations as a general administrator, and the letters of administration issued to him shall recite that he is appointed with the powers of a general administrator. § 1206. Payment of secured charges on property If it appears by the verified petition of a special administrator, or other person interested in an estate in the charge of a special administrator, that any of the property of the estate is subject to a mortgage, lien, or deed of trust, to secure the payment of money, and that any amount so secured, either principal or interest, is past due and unpaid; that the holder of the security threatens or is about to enforce or foreclose it and that the property exceeds in value the amount of the entire obligation thereon, and an order is asked directly or permitting the special administrator to pay all or any part of the amount so secured, the court shall fix a time for the hearing of the petition and shall direct notice of not less than 10 days to be given by posting in three public places and by personal service on all parties who have appeared or their attorneys. At the time so appointed, if the allegations of the petition are proved to the satisfaction of the court and it appears to

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