TESTAMENTARY SYSTEM.
CHAP. IX.
Accounts of administration, and the conduct of executor and administrators,
relative
to paying and collecting debts.
1. EVERY executor or administrator shall, within
fifteen calendar months
after the date of his or her letters, return to the court which granted
them a full account of his or her administration; provided nevertheless,
that if
the said party shall, within four calendar months after the said date,
make oath,
(or affirmation, as the case may require,) that he or she hath reason to
apprehend,
and doth apprehend, that the personal estate and assets which are or shall
be in his or her hands, will be insufficient to discharge the just debts
of, and
claims against, the deceased, the court may, at discretion, allow a further
time,
not exceeding eighteen calendar months in the whole, from the said date,
for
returning the said account.
2. The orphans court granting the letters shall
have power to make allowance
to any collector, executor or administrator, for property of the deceased
which
hath perished, or been lost, without the fault of the party; and no profit
shall
be made, and no loss shall be sustained, by an executor or administrator,
in the
increase or decrease of the estate under his management; but the executor
or administrator
shall return an inventory, and account for such increase, and may be
allowed for such decrease, on the settlement of the final or other account.
3. In case any executor or administrator shall
not have money sufficient to discharge
the just debts of, and claims against, the deceased, the orphans court
granting the letters shall, on his application, made after the return
of an inventory,
direct a sale of the whole property therein contained, or of such part,
or to such amount, as the court may think proper, and the court shall direct
the
manner and terms of sale; provided, that no credit exceeding six months
be
given, in any case, and that no credit be given where the price of the
article
shall be under three hundred dollars, and that, where credit is given,
bond,
with security, (if necessary,) shall be taken; the court shall have power,
at
discretion, to ratify or set aside such sale, and no such sale shall
be valid, nor
shall the executor or administrator deliver the property sold, (unless
at his own
risk,) until after the ratification; and sales for ready money shall be
understood
to be for money to be paid on the courts ratifying the sale, and not before;
the
executor or administrator shall make his report of any sale, by him made,
as soon
as conveniently may be, and for default thereof, shall be subject to attachment,
at the instance of any person interested, and to a fine not exceeding thirty
dollars,
or to have his bond put in suit.
4. If any of the persons principally interested
in the administration shall notify
his or her approbation of a sale, so reported, the court, at discretion,
may
either immediately ratify the same, or limit a time, not exceeding three
weeks,
for making objections thereto; and in all cases where such approbation
shall not
have been given, the court shall limit a time for making objections thereto,
not
exceeding six weeks, and direct notice thereof to be given, as soon as
conveniently
may be, by advertisement, or to be served on some principal person or
persons interested as aforesaid; and even after the time shall have elapsed,
without
any objection made, and proof of notice shall have been made, the court
shall have power, in case it shall suspect any fraud, collusion, connivance
or
improper management, to affect the said sale, or that it was unseasonably
made,
or that the property was sold much under its value, to set it aside, and
direct a
new sale.
5. The said court shall have power to direct
a sale, as aforesaid, in case it shall
deem a sale advantageous for the persons interested in the administration,
either
ex officio, or on application of any of the said persons.
6. Executors and administrators shall have
full power and authority to commence
and prosecute any personal action whatever, at law, or in equity, (as
the
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