1054 Issue of notes, etc. To be valid as against all parties. POWERS AND DUTIES OF EXEC- UTORS, ETC ., MANAGEMENT OF ESTATES . Possession of estate. SEC . 828 . EXECUTORS TO TAKE POS SESS ION OF THE ENTIRE ESTATE : The executor or administrator must take into his possession all the estate of the decedent, real and personal, and collect all debts due to the dece dent or t o the est ate . For the purpo se of bringing s uits to quiet title, or for partition of such estate, the possession of the execu- tors or administrators is the possession of the heirs or devisees
- such
possession by the heirs or devisees is subject, however, to the posses- sion of the executor or administrator, for the purposes of adminis- tration, as provided in chapters 23 to 36 of this code . Actions by and SEC. 829 . ACTIONS MAY BE MAINTAINED BY AND AGAINST EXECUTORS agai nst e xecut ors, etc . AND ADMINISTRATORS.-Actions for the recovery of any property, real or personal, or for the possession thereof, or to quiet title thereto, or to determin e any adverse c laim thereon, an d all actions fo unded upon con trac ts, may be maintained by and against executors and administrators in all cases in which the same might have been main- tained by or against their respective testators or intestates . SEC. 830 . MAY MAINTAIN ACTIONS FOR WASTE, CONVERSION, AND TRES- PA S S .-Executors and administrators may m aintain actions against any person who has wasted, destroyed, taken, or carried away, or converted to his own use, the goods of their testator or intestate, in his lifetime . They may also maintain actions for trespass com- mitted on the real estate of the decedent in his lifetime . S E C . 83 1 . EXECUTOR AND ADMINISTRATOR MAY BE SUED FO R WASTE OR TRESPASS OF DECEDENT .-Any person or his personal representatives may maintain an action against the executor or administrator of any testator or intestate who in his lifetime has wasted, destroyed, taken, or carried away, or converted to his own use, the goods or chattels of an y such person, or committed any trespass on the real estate of such person . SEC . 832. SU!:VIVING PARTNER TO SETTLE UP BUSINESS ; INTEREST THEREIN TO BE APPRAISED ; ACCOUNT TO BE RENDERED.-When a part- nership exists between the de cedent, at the t ime of his death , and any other person, the surviving partner has the right to continue in posse ssion of the partn ership, a nd to set tle its b usiness, b ut the interest of the decedent in the partnership must be included in the inventory, and be apprais ed as other , roperty. The surv ivin g partner must s ettle the affai rs of the partne rship without de lay, and account wi th the executor or administrato r, and pay over such balances as may from time to time be payable to him, in right of the decedent. Upon the application of the executor or administrator, the court, or a judge thereof , may, whenever it appears neces sary, Act ions by, f or wa ste, convers ion, and tres- pass . Against, for waste or trespass of decedent . Surviving partner . Interest in partner- ship of decedent to be appraised, etc . Account may be re- quired . 72d CONGRESS. SESS. II. CH. 127. FEBRUARY 27, 1933 . Fifth . After the making of the order to borrow said money and execute said note or notes, the executor, administrator, or guardian of the minor or incompete nt person , shall e xecute an d deliver a prom- issory note or notes, without security, for the amount, at the rate of interest, and for the period prescribed in said order, and said note or notes shall be signed by the executor, or administrator or guardian, as suc h, and sha ll create no perso nal liabi lity agai nst the p erson so signing . Sixth. Any note or notes so signed and executed, shall be effectual to create a valid obligation and debt against said estate, or said minor or incompetent person, and shall be payable out of the funds of said estate , and said no te or notes shall s pecify that it is m ade by author ity of such order, giving the date thereof . . CHAPTER 30 .-POWERS AND DUTIES OF EXECUTORS AND ADMINISTRATORS, AND MANAGEMENT O F ESTATES.
