executor or administrator to deliver real estate to heirs or devisees refusal to obey citation, penalty for, and for embezzlement.. 1460 may be compelled to disclose by imprisonment......... 1460 liable for double damages......... 1460 persons entrusted with estate of decedent may be cited to account... 1461 The support of the family- widow and minor children may remain in decedent's house, etc..... 1464 1465 property set apart, how apportioned between widow and children... 1468 estates less than fifteen hundred dollars to go to wife and child....... 1469 1469 1470 70-VOL. II.-Co. CIV. PRO. ESTATES OF DECEDENTS- (Continued.) Section. The homestead- rights of survivor to homestead.. 1474 selected and recorded homestead set off to person entitled.............. 1475 1475 appraisers to carve out of the original, exceeding five thousand dol- majority and minority, which may be confirmed................................... 1477 if no homestead is selected and recorded prior to death of decedent 1481 1481 Court to direct partition suit in the District Court, when............... 1482 1482 if property is common or separate, Court to cause appraisement 1483 new appraisement, when ordered 1484 instead of deeding property at appraised value, public sale to be 1484 costs, to whom chargeable............. 1485 persons succeeding to rights of homestead owners have all their claims to be sworn to.............. copy and proof of notice to be filed and order made................. time within which claims against an estate must be presented........ when allowed, to bear same interest as judgments 1492 1493 1494 1494 Probate Judge may present claim, and action thereon .................. what judgment is not a lien on real property of estate.............. 1506 no sales valid except by order of Probate Court.......... 1517 partnership interests and choses in action, how sold............ 1524 petition for sale, who may file, and what to contain...................................... 1530 order to show cause, how made, and on what notice....... 1531 order of sale, when, and how made 1532 further proceedings to conform to Articles II and IV............... 1533 Sale of real estate- to sell real estate, when........ 1536 verified petition for sale, what to contain, and to what it may refer. 1537 order to persons interested to appear...... 1538 copy to be served, assent given, or publication made..... 1539 hearing after proof of service......... 1540 presentation of claims............. administrator, executor, and witnesses may be examined............... to sell real estate, or any part, when............ 1540 1541 1542 hearing and setting aside sale, and when resale may be ordered...... 1552 may file objections, when and who................ 1553 when order of confirmation is to be made, and when not...... 1554 sales by executors or administrators of lands under mortgage or lien limitation of actions for vacating sale, etc......... 1569 1570 1570 1571 1572 1573 1574 1575 1576 to what cases preceding section not to apply................. account of sale to be returned........... executor, etc., not to be purchaser.......... Powers and duties of executors and administrators- executors to take possession of the entire estate 1581 executors may sue and be sued for recovery of property................ 1582 1583 executor and administrator may be sued for waste or trespass of actions on bond of executor or administrator may be brought by 1386 what executors are not parties to actions 1587 may compound 1588 recovery of property fraudulently disposed of by testator......... ESTATES OF DECEDENTS- (Continued.) Section. Of the conveyance of real estate- executor to complete contracts for sale of real estate......... 1597 petition for executor to make conveyance, and notice of hearing.... 1598 interested parties may contest.......... 1599 conveyances, when ordered to be made...................................... 1600 execution of conveyance and record thereof, how enforced............ 1601 1602 recording decree does not supersede power of Court to enforce it... 1605 1606 1607 Liabilities and compensation of executors and administrators— when executor or administrator personally liable......... 1612 1613 to render an exhibit of receipts and disbursements, and claims allowed.......... 1622 citation to account at third term ........................ 1623 petition for citation to render final or other account..... 1624 citation to account on application..... 1625 objections to account, who may file 1626 attachment for not obeying citation........ to render accounts at expiration of term.............. executor to account after his authority revoked.. revoking authority of executor, when........... to produce and file vouchers, which remain in Court..... vouchers for items less than twenty dollars, when excepted................................ 1632 settlement of accounts to be conclusive, when and when not........... 1637 |