may sue out execution thereon, and have the same levied on personal or real estate, as he may find it necessary, and shall be deemed and taken to be the creditor, to every intent and purpose whatever. And when there are several persons to whose use the monies recovered on an administration-bond are to enure, there shall be as many separate and distinct judgments, in form aforesaid.

suits on bonds of trustees.

SEC. 74. Be it further enacted, That any bonds given pur- Proceedings in suant to this Act by any trustee, or trustees, may be put in suit by order of the Judge of Probate to whom the same shall have been given, for the benefit either of all or any of the minors or other persons interested in the estate given in trust as aforesaid; and the proceedings in such case shall be the same as in the cases of suits on other Probate bonds.

pear at Probate

SEC. 75. Be it further enacted, That when any person shall Penalty for re be cited to appear as a witness before the Judge of Probate fusing to apin any cause or hearing, and such person shall refuse to ap- Courts after pear or give evidence, he or she shall be liable to the like being cited. penalty or damage as such person would be liable unto for refusing to appear or give evidence in any Circuit Court of Common Pleas. [Approved March 20, 1821.]

·00·

CHAPTER LII.

An Act respecting Executors, Administrators and Guardians, and the con. veyance of Real Estate in certain cases.

deceased shall

payment of

SEC. 1. BE it enacted by the Senate and House of Representa- what real es tives, in Legislature assembled, That all the lands, tenements tate of persons and hereditaments of which any person may die seized, in be liable for fee simple, or in fee tail general or special, and also all such their debts. estate which he had fraudulently conveyed, or of which he had been colorably or fradulently disseized with intent to defraud his creditors, shall be liable for the payment of his debts, and may be recovered and applied thereto in the manner by law directed.

estate is insuf

debts, &c. li

be granted by

or C. C. Coni.

SEC. 2. Be it further enacted, That when the goods and When personal chattels belonging to the estate of any person deceased, shall ficient to pay not be sufficient to answer his just debts and legacies, upon cense to sell representation thereof, and the same being made to appear to real estate may the Supreme Judicial Court in any county in this State, or Sup.J. Court, to the Circuit Court of Common Pleas, in the county where Pleas. the deceased person last dwelt, or in the county in which the said real estate lies, the said Courts are severally and respectively authorized to empower and license the executor, or administrator of such estate, to sell all or such part of the houses, lands or tenements of the deceased, as may be necessary to satisfy his just debts and legacies, with incidental charges and charges of administration. And executor every or administrator being so licensed and authorized as aforesaid being licensed,

Executor or administrator

may execute

deeds;

must give 30 days notice previous to sale.

Courts to order notice pre

vious to granting license.

If partial sale payment of Jrb's, &c.

of estate, for

injure the rest,

may make and execute in due form of law, deeds and conveyances of such houses, lands and tenements, as they shall so sell, and such deeds and conveyances shall make as good a title to the purchaser, his heirs and assigns forever, as the testator or intestate had therein. And the executor or administrator previous to such sale, shall give thirty days' notice thereof by posting notifications in some public place in the town or plantation where the real estate lies, in two adjoining towns, and in the town where the testator or intestate last dwelt; or by causing an advertisement thereof to be published three weeks successively, in such newspaper as the Court, who may authorize the sale, shall order and direct: Provided always, That no such license shall be granted by either of the Courts aforesaid, until after personal notice, or notice given by an advertisement for three weeks successively, in such newspaper as the Court shall order, to all persons, interested therein, of the time and place, at which they may be heard concerning the same: and if the said persons interested, or any of them shall give bond with sufficient sureties to pay such debts and legacies, with incidental charges, then such license shall not be granted.

SEC. 3. Be it further enacted, That whenever it shall be necessary that executors or administrators, shall be empowered to sell some part of the real estate of testators or inteswould greatly tates, or for guardians to sell some part of the real estate of Courts may au- minors or persons non compos mentis, for the payment of just of the whole debts, legacies or taxes, or for the support or legal expenses administrators, of minors or persons non compos mentis, and by such partial guardians, &c. sale, the residue of such real estate would be greatly injured

thorize a sale

by executors,

Notice to be given.

Bond to the Judge of Probate to account, &c.

and the same shall be represented and made to appear to the Justices of either of the aforesaid Courts on petition, and declaration filed, and duly proved therein, by the said executors, administrators or guardians, the Justices of the aforesaid Courts respectively, may authorize and empower such executors, administrators or guardians, to sell and convey the whole, or so much of such real estate, as shall be most for the interest and benefit of the parties concerned therein, at public auction, and good and sufficient deed or deeds of conveyance thereof to make and execute; which deed or deeds, when duly acknowledged and recorded in the Registry of Deeds for the county where the said real estate lies, shall make a complete and legal title in fee to the purchaser or purchasers thereof: Provided, The said executors, administrators or guardians give public notice of such intended sale in manner and form herein before prescribed: And provided also, They first give bonds, with sufficient sureties, to the Judge of Probate for the county where the testator or intestate last dwelt, and his estate was inventoried that he or she will observe the rules and directions of law for the sale of real estate by executors or administrators, and that the pro

ceeds of the said sale, after the payment of just debts, legacies, taxes, and just debts for the support of minors, and oth er legal expenses, and incidental charges, shall be put on interest on good security, and that the same shall be disposed of agreeable to the rules of law.

ers for sale,&c.

Certificate re

Probate Court.

SEC. 4. Be it further enacted, That the said Justices, where courts may exthey may think it expedient, may examine the said petitioner amine petition or petitioners on oath, touching the truth of facts set forth on oath. in the said petition. And every representation made as aforesaid shall be accompanied with a certificate from the Judge quired from of Probate of the county where the deceased person's estate was inventoried, certifying the value of the real estate, and the value of the personal estate of such deceased person, and the amount of his or her just debts; and also his opinion, whether it be necessary that the whole or a part of the estate should be sold, and if part only, what part.

&c. may be li

real estate for

payment of

their debts, and support, &c.

ner, &c.

SEC. 5. Be it further enacted, That the guardian or guar- Guardians of dians of any person or persons who shall spend or waste their spendthrifts, estates by excessive drinking, gaming, idleness or debauchery, censed to sell are hereby authorized and enjoined to pay the debts of such person or persons, and to provide for their maintenance and the support of their families out of their real estate, when their personal estate shall be insufficient, and for these purposes may sell so much of the real estate of their wards, as shall be necessary therefor, in the way and manner, and under the conditions, restrictions and limitations, under which in what manexecutors and administrators are empowered to sell the estate of deceased persons; such guardians first obtaining a license therefor from the Supreme Judicial Court, or from the Circuit Court of Common Pleas of the county where the real estate shall be, who are hereby respectively empowered to grant the same: Provided however, That no such license be granted, unless the person applying for the same shall produce to the overseers to Court a certificate, under the hands of the overseers of the petition for poor of the town, in which said idle, gaming person has gained a legal settlement, giving their consent and approbation of the sale of such a proportion of the real estate of such person as such overseers shall be satisfied is necessary to discharge the bona fide debts of such idle person, excluding all debts contracted by gaming.

accompany

sale.

cial Court may

tare. when sale

SEC. 6. Be it further enacted, That the Justices of the Su- Supreme Judipreme Judicial Court be, and they are hereby authorized and authorize sale empowered to grant license to, and authorize guardians of such spendpersons given to excessive drinking, idleness, gaming, or de- thrift's real es bauchery, to sell and convey the whole or so much of the real of part would estate of such persons, as shall be most for their interest and the rest. benefit, when by a partial sale thereof, the remainder would be greatly injured, in the same way and manner, and under the same restrictions, as they are authorized to grant license to administrators, executors and guardians of minors and

greatly injure

overseers of

in such cases.

cial Court may

of minors, in

interest.

persons non compos mentis, to sell real estate in such cases: Certificate of Provided however, That no such license shall be granted unpoor required less the certificate of overseers of the poor required to be produced, shall also contain their consent and approbation of such sale, and their opinion that by a partial sale of the real estate, the remainder thereof would be greatly injured. Supreme Judi- SEC. 7. Be it further enacted, That when it shall fully apauthorize sale pear to the Justices of the Supreme Judicial Court, aforesaid, of real estate by the petition and representation of the friends or guardians certain cases, of minors interested in the real estate of any testator or inand proceeds to be put on testate, that it would be for the benefit of such minors, or persons non compos mentis, that their interest therein should be disposed of, and the proceeds thereof be put out and secured to them on interest, the said Justices fast mentioned, after a full examination on the oath of the petitioner or otherwise, may authorize some suitable person or persons to sell and convey such estate or part thereof, by deed or deeds duly acknowledged and recorded in the Registry of Deeds as aforesaid: Provided, Such person or persons first give Bond to be giv- bond with sufficient sureties, to the Judge of Probate for the county where the said deceased person last dwelt, to observe the rules and directions of law in the sale of real estates by executors or administrators in the second enacting clause herein prescribed, and to account for and make payment of the proceeds of the said sale, agreeable to the rules of law: Provided, That the said Judge of Probate shall certify that the whole or a part of the said estate is, in his opinion, necescessity of sale. Sary to be sold, and if part only, what part.

en to Judge of Probate.

Certificate of

Judge of Pro

bate as to ne

S. J. Court and

may license ex

guardians, &c.

State, of per

out, &c.

upon

SEC. 8. Be it further enacted, That the Supreme Judicial C. C. C. Rieas Court, and the Circuit Court of Common Pleas be, and they ecutors, admin- are hereby authorized and empowered to grant license to, istrators and and authorize executors of the last will and testament, and to sell real es- administrators tate lying the estate of persons deceased, who rewithin this side out of this State, owning real estat ewithin the same, at sons who lived the time of their decease; and also guardians of minors, persons non compos mentis, or persons given to excessive drinking, idleness, gaming or debauchery; such minors, or other persons not living within this State, but owning real estate within the same, to sell and convey such real estate lying within this State, in the same way and manner, and under such conditions, restrictions and limitations, as are herein provided by law, for the sale of real estate by executors, administrators and guardians, within this State; and all proceedings necessary to be had before any Judge of Probate within this State respecting such sale, shall be had before the Judge of Probate, within and for the county where such real estate may be situated.

Restrictions

and limitations.

Bonds on sale

of real estate

SEC. 9. Be it further enacted, That the bond, required by to be given to law, to be given to the Judge of Probate by executors, adJudge of Pro ministrators and guardians, previous to the sale of real estate, county where shall and may be given to the Judge of Probate for the coun

bate for the

estate lics.

ty in which the real estate is situated, in all cases, where the deceased person to whom such estate belonged, was not an inhabitant within this State, at the time of his decease.

evidence of ap

executor, ad

Courts Pro

State.

SEC. 10. Be it further enacted, That whenever any execu- What shall be tor, administrator or guardian, has been duly appointed and pointment of approved by any Judge of Probate, or any Court having ministrator or Probate jurisdiction in any other State, a certified copy of Cards of y such appointment and approval, filed in any Probate Office in bate out of the this State, shall be sufficient evidence of such appointment and approval, and entitle such executor, administrator or guardian, to all the rights and powers incident to such appointment, as far as it respects the sale of real estate as aforesaid, which he might or could have, if he was appointed and approved as executor, administrator or guardian, by a Judge of Probate in this State.

ministrator,

SEC. 11. Be it further enacted, That any executor, admin- Executor, adistrator, guardian or other person, licensed by either of said ge may adCourts, to make sale of real estate, may adjourn such sale, if journ sale, not expedient, for any space of time not exceeding fourteen days. days.

exceeding 14

tate to be in

year, from time

to defeat such

SEC. 12. Be it further enacted, That no such license as Licenses for aforesaid, for the sale of real estate, granted by either of the sale of real es Courts aforesaid, shall be in force for a longer term of time force for one than one year from the time when such license shall have of granting. been granted. And no action by any heir or other person, Actions by perinterested for the recovery of any real estate, sold under sons interested such license, shall be sustained, unless such action shall be sales, limited brought within the term of five years after the execution to 5 years: exand delivery of the deed given under such license: Provided minors, &c always, That minors and other persons under legal disabilities, and persons out of the State, at the time of such sale, may maintain such action at any time within the term of five years from the removal of their disabilities, or from their return to the State, as the case may be.

And whereas it may be often necessary to enable the representatives of persons deceased, to perform the engagements entered into by such deceased persons for the transfer of real estate :

cepting as to

C. C. Pleas

executors or

to make deeds

carry into ef

SEC. 13. Be it further enacted, That whenever it shall be S. J. Court of represented and made to appear to the Justices of either of may authorize the aforesaid Courts, in form aforesaid, by any person or administrators persons, contracted with by bond, covenant or other contract, in order to under seal, that a testator or intestate in his or her life time, complete or entered into such bond, covenant or contract, to convey some fect, contracts real estate to him or her, but was prevented by death; and made by their that such person or persons, contracted with as aforesaid, testates. have, on his, her, or their part, performed, or stand ready to perform the conditions of such bond, covenant or contract, made with the said testator or intestate, the said Justices may, after due notice given to all concerned as aforesaid, in form

or covenants

testators or in