Page:United States Statutes at Large Volume 31.djvu/518

466. FIFTY-SIXTH conennss. sm. 1. cn. 786. 1900.. R°°“°‘* "‘ °°'“"’*" Sec. 842. A conveyance executed ·b an executo r ad ini trator ance and edect there- . y Y 0 m S éf- shall set forth the date of the order directing the sale, and the book, number thereof, and page containing the same, and the date of the order confirming the sale and directing the conveyance, and the book, number thereof, and (page containing the same, and the title of the ‘— courtmaking such or ers, and shall operate to convey all the estate, ‘ fight, guild igteaeist of the testator or intestate in the premisesat the 1me o IS ea . ~ ‘ · - _ mg}? rggdvgzpegg _ Sec. 843.. When a testator shall have specially bequeathed anly spengsey, em. cilic article of personal property, or given any legacy by wi , and · there shall · not be sufficient personal property, besides such speciic article or the value of such legacy, to play the funeral charges, expenses of administration, and claims againstt e estate, the executor or administrator shall obtain an order to sell the real property sufficient to make up the deficiency, in the manner hereinbefore provided. · . dgajggf rr¤¤¤¤>· ¤¤- Sec. 844. When the testator shall make provision in his will for the ·sale or disposition of all or any particular portion of his estate, for the payment of funeral charges, expenses of administration, or of claims against the estate, the property so appropriated may be sold or disposed of as directed b the executor or administrator with the will annexed, without anordldr of the court therefor; but he shall be bound to conduct the sale and make a return thereof in all respects as if it l were made by order of the court, unless there are special directions in the will concerning the manner and terms of sale, in which case he . _ shall be governed by such directions in such respects. . Proceeding in case Sec. 845. If_ the provision made by the will or the egroperty thereby §,'§up§,'§fQ§¥P'°pd“’°° appropriated be insufficientfor the purpose intend , the remaining portion of tpelpstatg may besold for that purpose, according to the - rovisions o t isc pter. g _ · . _Beq¤¢Sf¤ and legs- P Sno, 846. Theproperty, real and personal, given by~ the will to any $L°§;§"‘°“ ]‘“b1° °' devisee or legatee is liable for the payment of. the funeral charges, expenses of administration, and of claims against the estate; "an if therebe more than one such devisee or legatee, then in proportion to the value or .amount of .the severaldevises and legacies; except that specific devises and legacies shall be exempt from such liability, 1f such ap ar to have been the intention of the testator and there be other » suglnient ro rty to satisf such charges, expenses, and claims. ' sine or contract sm- Sec. 84;;. Zgethe deceasedy was, at the time of his death, a part; to a §,h,§P§}‘§””° °' “"“l contract fo1·.the purchase of real property, his interestin suc real pro erty by virtue of such contract may be sold in the same manner as such contract had been executed in the lifetime of the deceased, by a conveyance to him of such property according to the legal effect and terms of such contract. · Sale subggct w my- Sec. 848. If there be any payments due, or to become due, on such ?,$°l°§.c°€ m°°° °° contract, to the vendor of the deceased, sale is made subject thereto, and before the same can be confirmed, or the contract assigned to the purchaser, such purchaser shall execute an undertaking, with one or more sufficient sureties in an amount not less than doub e the valueof all the payments then due or to become due, for the benefit’of whom it may concern, to be void upon the condition that such purchaser will make all such payments according to the terms of such contract, and indemnify the executor oradministrator or others whom—it may concern, against all damages, costs, and expenses by reason of any covenant or agreement contained in such contract. - A¤¤is¤¤¤¤¤¢ ¤f ¤¤¤- Sec. 849. The order of confirmation of such sale shall direct the iiilcmud °E°°l mm` executor or administrator to make an assignment of such contract to . the purchaser, which assignment shall vest in the purchaser, his heirs . and assi s, all the estate, right, and interest of thedeceased at the time of €is death in such real property, and give to the purchaser the same rights and remedies against the vendor thereof as the deceased would have had or been entitled to if living.