Page:United States Statutes at Large Volume 79.djvu/759

 79 STAT. ]

PUBLIC LAW 89-183-SEPT. 14, 1965

§ 20-1107. Bond to prevent sale of real estate An order for the sale of real estate may not be granted if a person interested in the estate gives bond to the United States, with security to be approved by the Probate Court, conditioned to pay all the debts, or legacies, or both, as the case may be, that shall eventually be found due, and the costs of administration. § 20-1108. Sale of real estate to satisfy debts and legacies Where the Probate Court is satisfied, upon a report of the auditor, that it is necessary to sell the real estate, or a part thereof, it shall authorize the executor or administrator to sell the property, or so much thereof as may be necessary for the payment of the debts or legacies, or both, on such terms as the court directs. Any surplus of the proceeds of the sale, after payment of debts and legacies and costs of administration, is deemed real estate, and shall be distributed among the heirs or devisees as their interests may appear. § 20-1109. Sale of property subject to dower Where there is a surviving spouse entitled to dower in the real estate of the decedent, the Probate Court, before authorizing a sale of the real estate, shall issue a commission to one or more suitable persons to set off and assign the dower out of the estate, and the dower shall be so assigned. If the court finds that the surviving spouse's dower cannot be set off without injury to the property, if he consents thereto by answer to the petition, the real estate may be sold free of the dower, and the surviving spouse shall receive out of the proceeds a commutation of dower according to the practice in equity. § 20-1110. Appointment of trustee to sell real estate; bond When a person dies having devised real estate to be sold, without having appointed a trustee to sell the property, or if the person so appointed neglects or refuses to execute the trust, or dies before the execution of the trust, the United States District Court for the District of Columbia may, on the application of a person interested, appoint a trustee to sell and convey the property and apply the proceeds of sale to the purposes intended. Where a trustee is appointed by last will to execute a trust, and a person interested in the execution of the trust makes it appear that it is necessary for the safety of those interested therein that the trustee should give bond and security for the due execution of the trust, the Court may order and direct that a bond be given by the trustee by a day named, and on failure of the trustee to give the bond, with security to be approved by the court as directed, the court may displace the trustee and appoint another in his stead, who shall give the bond. The bond shall be given to the United States and may be sued on for the use of a person interested. § 20-1111. Proceeding by creditors to have real estate sold When a person dies leaving real estate in possession, remainder, or reversion, and not leaving personal estate sufficient to pay his debts, the Court, on a suit instituted by any of his creditors, may decree that all the real estate left by the person, or so much thereof as may be necessary, be sold to pay the charges mentioned in section 20-1106. This section applies whether the heirs or devisees are residents or nonresidents, are of full age or infants, and are of sound mind or are insane, and also where the deceased left no heirs or it is not known whether he left heirs or devisees or the heirs or devisees are uknown. WTiere there are no known heirs the United States attorney for the District of Columbia shall be notified of the suit and appear therein.

719

�