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administra-
tors relative
to pay ing
and collect-
ing debts.
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in four calendar months, after the said date, make oath, (or
affirmation, at 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 insuffi-
cient 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.
This is remodelled by 1831, ch. 315, sec. 3.
SEC. 2. The orphans court granting the letters shall have
power to make allowance to any collector, executor or adminis-
trator, 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.
SEC. 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 twelve months be given, in any case, and
that where credit is given, bond with security shall be taken ;
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 unreasonably made, or that the property
was sold much under its value, to compel the said executor or
administrator, to account for all such deficiencies as may have
arisen by such executor's or administrator's misconduct, the
court always observing the inventory as their rule for ascertain-
ing such deficiency.
SEC. 4. 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.
SEC. 5. Executors and administrators shall have full power
and authority to commence and prosecute any personal action
whatever, at law, or in equity, (as the case may require,) which
the testator or intestate might have commenced and prosecuted,
except actions of slander, and for injuries or torts done to the
person ; and they shall also be liable to be sued in any court
of law or equity, (as the case may require,) in any action (ex-
cept as aforesaid,) which might have been maintained against
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