Page:United States Statutes at Large Volume 18 Part 2a.djvu/119

From Wikisource
Jump to navigation Jump to search
This page needs to be proofread.

114 Disrmor or oowmnm. to he expedient that such, sale should be decreed; which facts shall be roven b com tent tes imon 2 _ _ _ Parties defend- P Sec. 97,1. Supch of the issuexcontemplated by the limitation as shall ~¤*»W1¤°¤¤¤· bein existence at the time of the application for the sale of the real

 estate shall be made parties defendant to the bill, and if minors, by

e. 163, 5. 11, ppt guardian ad litem, together with all who would take the estate in case 111% 119- the limitation over should never vest; and such of the parties defendant as shall be of the age of fourteen years or more shall answer in proper person, on oath. _ _ Evidence. h vw Sec. 972. And all evidence shall be taken upon notice to the parties

  • ”k°“· and to the guardian ad litem.

Ibid. D1¤l>¤¤¤1 of 1>¤>- Sec. 973. The proceeds of the sale of such real estate shall be held °°°‘i"· » under the control and subject to the order of the court, and shall_be Ibid. vested, under its order and supervision, upon real and personal security, or in Government securities; and the same shall, to all intents and purposes, be deemed real estate and stand in the place of the real estate irom the ale of which such proceeds have arisen, and, as such real estate, he subject to the limitations of the deed or will. CHAPTER TWENTY -NINE. EXECUTORS AID ADIIKISTRATORS. son. ssc. W4. When additional security may be { 977. How powers of court may he exerrequired of administrators, &c. cised. 975. Removal by the court. 978. Summons and notice. 976. Unndministered assets. When additional Sec. 974. In all cases where the court appoints administrators, or

 ¥°‘ takes bond from any executor to a last will and testament, and shall at

2m,,,,, &c_ m" any time become satisfied that the security is insndicient, by reason of —¥——— the removal or insolvency of any of the sureties in the bond, or by 8 503*;}**;- mf·5°· reason of the penalty of the bond being too small, or from any other ’ ‘ ’’pP' ’cause, it shall be lawful for the court to order and require the administrator or executor to give other or further security. . Removal by the Sec. 975. The court shall have power to remove any administrator court. or executor who fails or refuses to comply with such order, and to Ibid_ appoint an administrator in his stead. Unadministered Sec. 976. The court shall further have power to order and require “°°°*“· any assets or estate of the decedent, which may remain unadministered, Ibid. to be delivered to the newlyappointed administrator de bonis non, and to enforce a compliance with such order by fine and attachment, or any other legal process. How powers of Sec. 977. The powers granted to the court by the preceding sections,

 my 1* °*°1'· maybe exercised by the court ex officio, or on the application of any
_._...,____ one interested.

Ibid.,s.4. Snmmons and Sec. 978. In all, cases each administrator or executor shall be drst ¤°¤°¤· summoned to show cause against such orders, or have ten days’ notice, p,m_,,_;;_ in writing, of the intended application.