intestate, or for the minor or minors for whom such applicant may be guardian, to authorize and empower such executor, administrator, or guardian to sell and dispose of such land or lands so lying and being situate in any other circuit or circuits, in such manner and upon such notice as such court or judge in its or his order or decree may direct: Provided, That notice Notice to be of such intended application shall be published for at least given. thirty days in the proper newspaper of the circuit, stating the time and place, when and where, such application shall be made, and giving a brief description of the land or lands for the sale of which such application is to be made. And at said time, any person or persons interested may, in his own behalf, or in behalf of any minor or minors, appear before said court or judge, and make in writing such objection or objections to such sale or the sale of any part of said land or lands as he or she may deem fit; and the court or judge shall hear and consider such objections, and order testimony, if deemed proper, in its or his discretion, to be taken concerning the same, and shall grant or refuse such application according as in its or his judgment the interest of the estate, or creditors, or heirs, devisees, or minors, shall require: And provided further, That Proviso not innothing herein contained shall effect, or impair, or alter the mode or manner heretofore prescribed by law for the sale of for the sale of land of estate or minors situated in the county or circuit in ing to minors. which application for sale thereof may or shall be made. (a) terfering with previous laws estates belong sell lands of order of the SEC. 48. The court or judge, in its order or decree granting Executors, &c., leave or giving power and authority to the executor, adminis- authorized to trator or guardian to sell the land or lands for the sale of which minors and exeapplication is made, shall authorize and empower such execu- cute titles under tor, administrator, or guardian to execute, make, sign, and de- court. liver to the purchaser or purchasers thereof a deed conveying said land or lands sold to the purchaser thereof; and a deed so signed, executed, and delivered, shall fully vest in said purchaser or purchasers the full fee simple title to said land or lands, or the full right, title and interest of the estate, and of the heirs, devisees, or minors therein and thereto : Provided, Proviso as to however, That said court or judge shall, in said order or de- bond to be execree authorizing such sale, require that the executor, adminis- tor, &c. trator, or guardian shall execute and file in the court a bond, with surety or sureties, to be approved by the court or judge, in such penalty as the court or judge shall fix, conditioned to pay and apply the proceeds of such sale or sales in payment of the debts of the estate, or in distribution among the heirs, devisees, of the testator or intestate, or in case of a guardian, that he will duly account for the same as such guardian according to law. (a) cuted by execu SEC. 49. The costs of said application and of said sale shall cost of-how be paid out of the proceeds of such sale or out of any moneys paid. Section 1, Chapter 2023, Act of Feb. 12. 1874. (a) Sec. 2, Chap. 2023, Act of February 12. 1874. Lands to be sold in one or more circuits. Executor and administrator belonging to said estate or minor in the hands of said executor, administrator, or guardian. (a) The application provided for by this law may embrace at the same time land or lands situated in different circuits. (a) SEC. 50. Any executor or administrator having an interest in the estate which he represents, either in his own right or in may purchase. the right of his wife or infant child, as creditor, devisee, legatee, or heir at law, may at any public sale of the real or personal property of his testator or intestate made as now provided by law under the order of the Circuit or County Court, become a bidder therefor, and if such executor or administra tor is the highest bidder at such sale, it shall be lawful for him to purchase the same, and said property shall be struck off and sold to such executor or administrator as the highest bidder therefor. (a) Publication of notice to show cause against confirmation. Order of confirmation. Personal ser vice of, when to show cause. Oath of commissioner to report. SEC. 51. That on the filing of the report of the Commissioners that such sale has been made, the court shall cause a notice to be published for four successive weeks in some newspaper of general circulation published in the county where such sale is made, or if there be no newspaper published in the county, then the publication may be made in a newspaper published in some adjoining county, requiring all persons interested to appear and show cause, if any they have, why such sale should not be confirmed; and if on the day named sufficient cause be not shown to the contrary, and the court shall be satisfied that the executor or administrator, either in his own right or in the right of his wife or infant child, is interested in said estate as creditor, devisee, legatee, or heir at law, and that there is no improper conduct on the part of the Commissioner or upon the part of the executor or administrator, and that all the requirements of the orders as to the sale and the confirmation thereof, including the notice prescribed in this section, have been complied with, and that the property has brought a fair price, the court shall pass an order confirming the sale, and shall direct a deed of conveyance to be executed and delivered to such executor or administrator as in other cases, on his compliance with the terms of the sale. (a) SEC. 52. The notice required in the fifty-first section may be served personally, in lieu of publication, when so directed by the court Provided, That such notice shall be served at least ten days before the sale is confirmed, and such service shall be made upon the heirs, legatees, devisees, and distributees, when the estate is solvent, and upon the creditors who have filed their claims, or their attorneys of record, when the estate has been declared insolvent. (a) SEC. 53. When any property is sold under Sections 50, 51, and 52 of this Chapter, the Commissioner making the sale shall attach to his report thereof an oath that he is not directly or (a) Secs. 3 and 4, Chap. 2023, Act of Feb. 12, 1874. (a) Secs. 1, 2 and 3. Chap. 3255, Act of Feb. 28, 1881. may apply in leave to sell. indirectly the purchaser, and that he has acted fairly and impartially and without collusion with the purchasers in making the sale. This oath shall be in lieu of the oaths in other cases required. (a) SEC. 54. When any executor, administrator, or guardian shall have the control or management of any real estate, the Executor, &c., property of an infant, and shall think it necessary or expedient vacation for to sell the same, it shall and may be lawful for the said executor, administrator, or guardian to apply either in term time or vacation, by petition to the Judge of the Circuit Court of the. Circuit in which said real estate may be situated, for authority to sell the same, and if the prayer of said petition shall appear to the said judge reasonable and just, it shall be and is hereby declared lawful to authorize said executor, administrator, or guardian to sell said estate under such conditions as the interests of said infant may, in the opinion of said judge, seem to require: Provided, That the said judge shall require of the said executor, administrator, or guardian such additional bond as, in his discretion, may seem to be necessary to protect the interests of the infant. SEC. 55. No authority shall be granted to sell real estate, as Shall give provided for in section 54, unless the executor, administra- notice. tor, or guardian shall have given at least thirty days' previous notice in one or more newspapers printed in this State, nearest to where said real estate may be, of his intention to make application to the Judge of said Circuit Court for authority to sell the same, setting forth in said notice the time and place, and to what judge said application will be made. SEC. 56. When authority shall be granted by virtue of this Petition, &c.law to sell real estate, the petition and all papers relating to where filed. the same, together with the order of the judge granting authority to sell, shall be filed in the office of records for the county in which said real estate may be situated. When any executor, administrator, or guardian shall convey any Title of prop real estate, the property of an infant, under the authority erty conveyed. given by virtue of this act, the title to the property thus conveyed, so far as the infant may have title thereto, shall be good and effectual. (a) by testator or SEC. 57. In all cases where written agreements or contracts where agreeshall have been made, for the conveyance of real estate in this ment is made State, and the person or persons agreeing or contracting to make intestate. such conveyance, have died, or shall hereafter die, before the execution of such conveyance, the executors or administrators of such person or persons shall be, and they are hereby, authorized and empowered to execute such conveyance, according to the rules and forms prescribed by law for the conveyance of real estate in this State. (a) SEC. 58. Conveyances made by executors and administrators, Effect of such Sec. 4, Chap. 3255, Act of February 28, 1981. (a) Secs. 1, 2, 3 and 4, Chap. 381, Act of Jan. 23, 1851. conveyance. (a) Sec. 1, Act of November 20, 1829. May carry on plantation. under the provisions of section fifty-seven, shall have the same force and effect, both in law and in equity, as other conveyances of real estate made under and in pursuance of the laws of this State. (a) SEC. 59. When it may be manifestly expedient, guardians may cause plantations, or any part of them, belonging to estates or minors, to be managed and cultivated for the benefit of said estates or minors, and when minors may not be possessed of lands for cultivation, guardians may apply such portion of their disposable funds as may properly be applied to May purchase that purpose to the purchase of such reasonable portion of land as may be necessary, or they may, if expedient, rent land under order of the County Judge. land. Or rent. Accounts to be kept. Returns. SEC. 60. The guardians shall keep regular accounts of receipts and expenditures in the discharge of their duties, and make regular returns thereof to the County Judge, but such Compensation. guardian shall receive no compensation for his services beyond the amount of five per cent. on the net income of any plantation. Discretion of orders. May require new bond. Condition of. Contracts may ministrators to SEC. 61. The orders provided for in sections fifty-nine and judge to grant sixty shall always be subject to the discretion of the court for good cause shown upon petition signed and sworn to by such guardian, and the said court may require new and additional bond from such person before granting such order, and in such sum or sums as he may deem necessary, conditioned to respond to any person interested in said property or estate for any damage or loss he may sustain by the misuse or abuse of the property or estate by said guardian. (b) SEC. 62. Executors, administrators, trustees and guardians, be made by ad- when in their judgment it is necessary and proper to hire labor for the cultivation of the lands of the estates represented by the respectively, shall be and they are hereby authorized, with the sanction of the Judge of the County Court, to hire and employ such laborers and superintendents as shall be necessary for that purpose, and their contracts so made shall be binding upon the estates, and the compensation agreed upon to be paid shall be a charge against said estates respectively, nor shall the same be a personal charge against such executors, administrators, trustees and guardians, further than they have property in their hands sufficient to meet the same: Provided. That the laborers and superintendents thus employed shall have a first and prior lien for their wages upon all crops grown, produced, gathered or superintended by their labor and superintendence. (c) Lien of laborers. Cash balance to be put at in terest. SEC. 63. Executors, administrators, and guardians may, by leave of the court, retain in their possession the money of any minor, paying for the same lawful interest, or shall under the direction of the court put out the money of the minors at in (a) Sec. 2, Act of Nov. 20, 1829. (b) Secs. 3, 4 and 5, Chap. 868, Act of Jan. 15, 1859. (c) Sec. 2, Chap. 1473, Act of June 16, 1866. 4 7 terest, upon such mortgage security or in United States or State bonds or stocks, as said court shall allow, and if such security be taken bona fide and without fraud, and shall prove Fla.. 112 insufficient, it shall be the loss of the minor, but if no good security can be found on which to put out the said money at interest, the said executor, administrator, or guardian shall only be responsible for the principal; and at the end of each year the interest due, if not paid, shall be made prineipal; and when the executor, administrator, or guardian retains the money on interest himself, the same rule shall be observed, the interest in his own being added to the principal annually, but executors, administrators, and guardians shall not be liable to pay interest, except on the surplus of the estate of the deceased remaining in their hands, and unemployed as aforesaid, after the settlement of their accounts. (d) Executor re taining money hands. creditors to present claims. SEC. 64. When the value of an estate, exclusive of home- Notice to stead exemption and exemption in favor of the widow and family of the deceased, shall not exceed two thousand dollars, it shall be the duty of executors and administrators to cause an advertisement to be published in a newspaper in the county, if any, as the County Judge may direct, or advertise by notices posted at the door of the court-house, and at three or more public places in the county to be designated by the County Judge by order of the court, calling on all persons who have any demands against the estate to present them to such executors or administrators within one year. (e) after one year. SEC. 65. All debts and demands of whatever nature against Claims barred the estate, which shall not be exhibited within the said year after said notice given, shall be barred payment. (e) 17 Fla., 820. Discharge of SEC. 66. Any executor or executrix, administrator or administratrix, may be discharged, as now provided by law, from his executor, &c. or her executorship or administratorship of such limited estate upon giving a notice by publication in a newspaper, or by posting notice thereof at the door of the court-house, and at three or more public places in the county, six months before the day appointed for the discharge, as the judge of the court shall order; and the judge shall cause notice of the application to be served on all heirs and legatees of the estate in his county, Notice to. istrators how SEC. 67. All bonds given by executors or administrators may Bonds of execbe put in suit and prosecuted from time to time at the suit of utors or adminthe party injured, in the name of the Governor of the State, sued upon. for the use of the party injured, for a breach of said bonds, until the whole penalty in the same be recovered, and the judges & Fla., 56. shall deliver to any person, on request and payment of his legal 1 Fla., 110-160fees, a true copy of any bond given by executors or administrators, and such copy certified by the said judge, with the seal Sec. 35. Act of Nov. 20. 1828, as amended by Chap. 1322, Act Dec. 2, 1862, ant by Chap. 1530, Act Dec. 13, 1833. (e) Secs. 1, 2 and 3, Chap. 1879, Act of Feb. 17, 1872. 9 Fla., 283. 219-232. |