Page:United States Statutes at Large Volume 79.djvu/757

 79 STAT. ]

PUBLIC LAW 89-183-SEPT. 14, 1965

§ 20-904. Failure of executor to include claims of testator against executor in inventory; remedy If an executor fails to include a claim which the testator had against him in the list of debts due the deceased, a person interested in the administration may allege the failure b^ petition to the Probate Court. The court, with the consent of the parties, may decide the matter, or it may be referred by the parties, with the court's approval; or at the instance of either party the court may direct an issue to be tried hj a jury. If the claim in any such proceedings is decided to be a just claim of the decedent against the executor, the executor shall be charged with the amount thereof as provided by section 20-903. § 20-905. Debt due by administrator or collector In like manner as provided by section 20-903, an administrator or collector shall include a claim against himself, and on his including it, or failure to do so, there shall be the same proceeding as described in section 20-903 or 20-904 with regard to an executor. The rule provided by section 20-903 applies to his sureties. CHAPTER 11—SALE OF ASSETS Sec. 20-1101. 20-1102. 20-1103. 20-1104. 20-1105. 20-1106. 20-1107. 20-1108. 20-1109. 20-1110. 20-1111.

Sale of personal estate. Order for sale. Sale of real estate directed in will; procedure; failure to act. Power of co-executors to sell real estate under will. Survivor of several trustees. Authority of court regarding sales of realty; responsibility for proceeds; restrictions on sales; auditor's report. Bond to prevent sale of real estate. Sale of real estate to satisfy debts and legacies. Sale of property subject to dower. Appointment of trustee to sell real estate; bond. Proceeding by creditors to have real estate sold.

§ 20-1101. Sale of personal estate Where an executor or administrator does not have money sufficient to discharge the just debts of and claims against the decedent, the Probate Court shall, on his application, made after the return of an inventory, direct a sale of the personal property contained therein, or of such part as the court considers proper, and in such manner and on such terms as the court directs. The court may direct a sale if it deems it advantageous to the persons interested in the administration, on the application of any of them. § 20-1102. Order for sale An executor not so authorized by the will, or an administrator, may not sell property of his decedent without an order of the Probate Court. A sale made without a previous order authorizing it is void and does not pass title to the purchaser. If an executor or administrator sells, pledges, or disposes of property without a previous order, his letters may be revoked and an administrator appointed, who shall immediately recover possession of the property; and the removed executor or administrator may be proceeded against by attachment. Where there are two or more executors or administrators, and a sale, pledge, or disposition of property has been made without the consent of all, the revocation extends oiilj to the persons so offending, and

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