GEORGE HOWARD, ESQ GOVERNOR.

1831.

aforesaid, and also all the books, bonds, notes and evidences

CHAP. 315.

of debt or funds, and also all title to property or stock which

belong to, or are due, or which become due to the ward in

the possession of the guardian, whose guardianship may have

been revoked as aforesaid, and also pay over to the remaining

guardian, if there be one, if not, then to the new guardian,

all the money due to him as guardian of the ward, the said

court may compel the delivery and payment over as afore-

said by attachment and sequestration, of the property of the

On failure.

party whose guardianship may be revoked, and may direct

Sequestration and

to be put in suit the bond of the guardian, whose guardian-

suit.

ship shall have been revoked as aforesaid.

Sec 9 And be it enacted. That any allowance which may

Allowance to

have been heretofore made, or which may hereafter be made

guardian for ex-
penses of ward.

by any orphan's court in this state to a guardian for the

clothing, support, maintenance, education, or for other ex-

penses incurred by the guardian, for his ward, or his estate,

and which shall have accrued subsequent to the death of

the father of such ward, and before the guardian may have

been appointed or given bond, such allowance shall have the

same eflect and operation in law to all intents and purposes,

as if such expense of the ward or his estate had accrued,

and become due subsequent to the time of the appointment

of such guardian or of his giving bond.

Sec. 10 And it be enacted, That in all cases where an

Executor empow-
ered when directed

executor may be authorised and directed to sell the real es-

to sell real estate.

tate of a testator or testatrix, such executor may sell and

convey the same, and shall account therefor to the oiphan's

court of the county, where he or she obtained letters in the

Account therefor.

same manner, that an executor is now bound to account for

the sales of personal estate, ordered by the orphan's court,

and the said court may allow such executor a commission

Commission

on the proceeds or sales of such real estate, not exceeding

five per cent, where the amount of sales of real estate ex-

ceed three thousand dollars in the same manner as if it were

personal estate, but such sales shall not be valid or effec-

Subject to ratifica-

tual, unless ratified and confirmed by the said orphan's

tion and confirma-.
tion

court, after notice by publication given in manner as is

practiced in cases of sales of lands under decrees in chan-

Notice required.

cery

Sec 11 And be it enacted, That the bond of an execu-

Bonds of executor

tor or executrix or guardian, which may be hereafter exe-

and guardians an-
swerable for pro-

cuted, shall be answerable for the proceeds, or sales of the

ceecs of sale of real
estate

real estate of the testator, testatrix or ward, as the case

may be, or any part thereof, which may come into his or

her possession in the same manner, and shall be liable to

the same extent as if it were personal estate in his or her