ART. 50. ] SETTLEMENT OF DECEDENTS' ESTATES.
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469
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104- If any executor or administrator shall sell or remove any
property without an order of the Orphans' Court, the Orphans'
Court may revoke his letters as soon as they are satisfied of such
sale or removal having taken place, and appoint an administrator,
whose duty it shall be, immediately to proceed to get possession of
the property so sold or removed, and the Orphans' Court may
authorize the administrator so by them appointed, to employ an
attorney or attorneys, to assist in the recovery of said property,
and determine the amount of fees to be paid therefor, and any cost
or expense incurred in getting possession of said property, ascer-
tained and awarded to be paid by the said court, shall be paid by
the person or persons whose letters have been revoked, and may be
recovered by an action on his testamentary or administration bond,
at the suit of the newly appointed administrator
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Id s 275
1843, c 304, s 2
Court to revoke
letters for so
doing
New adminis-
trator to recover
property.
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195. Where there are two or more executors or administrators,
and the sale or removal has been made without the consent of all,
the revocation shall only extend to the person or persons so offend-
ing, and the remaining executor or administrator shall have full
power and authority to discharge all the duties connected with his
office, as if no revocation had been made.
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Id s 276
1843, c 304, s 3.
Revocation to
extend only to
administrators
offending.
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196. Nothing contained in the three last preceding sections
shall be construed to apply to any cases where an executor shall be
authorized, by will of his testator, to make sale of any property
without application to the Orphans' Court.
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Id. s 277
1843, c 304, s 4.
Executor,
authorized by
will, may sell
without order.
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197. The coarse provender, including under that denomination
only corn tops, corn shucks, wheat, oats, and rye straw, that may be
at the time of sale on the farm or lands of any person dying within
this State, shall not be sold by the administrator, but shall be left
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Id s 278
1845, c 357,
ss 1, 2
Coarse proven-
der not to be
sold by adminis-
trator
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upon the farm for the use thereof; provided, the person so dying
shall leave issue or relations who may inherit the said lands from
him, or a devisee to whom he may have devised the same.
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Proviso
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198. An administrator shall either finish the crop on hand at
the death of the decedent, or sell the same, as he shall judge the
most convenient; and in case he shall not deem it convenient to
finish the crop, the person entitled to the land, on the death of the
decedent or his guardian, or next friend for him, in case of infancy
of the party, may take the said crop at the appraisement of the ap-
praisers, paying ready money, or giving bond with good security
approved by the Orphans' Court or the register of wills, if the said
court shall not be in session at the time of making such sale, for
paying the money within six months; and in case the said party,
or his guardian, shall not take the crop at the appraisement, the ad-
ministrator may sell the same to any other person for ready money,
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Id s 279
1793, c 101,
sub-c 6, s 12.
1807, c 136, s 1.
May sell grow-
ing crops, to
whom and how.
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or on credit, as aforesaid; provided, that he shall not sell it at less
than the appraised value, without the approbation of the Orphans'
Court granting the administration, or an order prescribing the
terms, by the said court, passed as aforesaid.
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Proviso.
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