Page:United States Statutes at Large Volume 76A.djvu/694

–598– -598the inventory, and be appraised as other property. The surviving partner shall settle the affairs of the partnership without delay, and account with the executor or administrator, and pay over such balances as may from time to time be payable to him, in right of the decedent. Upon the application of the executor or administrator, the court may, if it appears necessary, order the surviving partner to render an account, and in case of neglect or refusal may, after notice, compel it by attachment; and the executor or administrator may maintain against him any action which the decendent could have maintained. § 1413. Operation of business of decedent After notice to all persons interested in an estate, given in such manner as the court directs, the court may authorize the executor or administrator to continue the operation oi the decedent's business to such an extent and subject to such restrictions as the court considers to be for the best interest of the estate and those interested therein. § 1414. Actions by and against executors and administrators Actions for the recovery of property, real or personal, or for the possession thereof, or to quiet title thereto, or to enforce a lien thereon, or to determine an adverse claim thereon, and all actions founded upon contracts, or upon a liability for physical injury, death, or injury to property, may be maintained by and against executors and administrators in all cases in which the cause of action, whether arising before or after death, is one that would not abate upon the death of their respective testators or intestates. § 1415. Actions for waste, destruction, taking, conversion, or trespass Executors and administrators may maintain an action against a person who has wasted, destroyed, taken, or carried away, or converted to his own use, the property of the decedent, in his lifetime, or committed a trespass on the real estate of the decedent in his lifetime; and a person or his pergonal representatives may maintain an action against the executor or iidministrator of a decedent who in his lifetime has wasted, destroyed, taken, or carried away, or converted to his own use, the property of such person, or committed a trespass on his real estate. This section does not apply to an action founded upon a wrong resulting in physical injury or death of a person. § 1416. Actions on bond of former executor or administrator An executor or administrator may, in his own name, maintain actions on the bond of a former executor or administrator of the same estate, for the use and benefit of all parties interested in the estate. § 1417. Unqualified executors as parties I n actions by or against executors, it is not necessary to join as parties those to whom letters were ordered to be issued, but who have not qualified. § 1418. Compounding or compromising with debtor If a debtor of the decedent is unable to pay all his debts, the executor or administrator, with the approval of the court, may compound with him and give him a discharge, upon receiving a fair and just dividend of his effects. The court may also authorize a compromise when it appears to be just, and for the best interest of the estate. § 1419. Recovery of fraudulently conveyed property If a decedent, in his lifetime, conveyed real or personal property, or rights or interests therein, with intent to defraud his creditors, or to avoid an obligation due another, or made a conveyance

�