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be revoked on

should have had or done; and may prosecute or defend any action commenced by or against the former executor or Administrator, and may have execution on any judgment recov ered in the name of such former executor or Administrator. (2892.) SEC. 16. If, after the granting of letters of adminis- Administration to tration by any Probate Court, on the estate of any deceased proving Will. person, as if he had died intestate, a will of such deceased person shall be duly proved and allowed by such Court, the first administration shall, by decree of said Court, be revoked, and the powers of the Administrator shall cease, and he shall thereupon surrender his letters of administration into the Probate Court, and render an 'account of his administration, within such time as the Court shall direct.

tor in such case.

(2893.) SEC. 17. The executor of the will shall, in such Powers of Execu case, be entitled to demand, sue for and collect all the goods, chattels, rights and credits of the deceased, remaining unadministered, and may be admitted to prosecute to final judgment any suit commenced by the Administrator, before the revocation of his letters of administration.

etc., before revo

(2894.) Sec. 18. All acts of an executor or Administrator as Acts of Executor, such, before the revocation of his letters testamentary or of eaton valid. administration, shall be as valid to all intents and purposes as

if such executor or Administrator had continued lawfully to execute the duties of his trust.

Aministrators maye joint or hej arate bonds.

(2895.) SEc. 19. When two or more persons shall be appointed Administrators to any estate, the Judge of Probate may take a separate bond from each with sureties, or a joint bond, with sureties from all. (2896.) SEC. 20. When application shall be made to the vote of appliJudge of Probate for the appointment of an Administrator on an intestate estate, or for letters of administration with the will annexed, he shall cause notice of the same, and of the time and place of hearing thereof, to be published for three successive weeks in such newspaper as he may direct.

cation for ap

point.nent of eBarbour, 45.

ecutor, etc.

An Act to Provide for the Publication of Probato and other Legal Notices.

[Approved February 11, 1853. Took effect May 16, 1853. Laws of 1853, p. 75.]

certain other le

(2897.) SECTION 1. The People of the State of Michigon cnact, u v Probate and That all probate and other legal notices, required by law to lie to be be published by the Judge of Probate of any county, or any other county officer, shall be published in some newspaper


printed in the county where said Probate Judge shall hold his Court, or where such other county officer shall reside, if there be one printed in said county; Provided, That this act shall in no wise affect notices which are now required to be published previous to the sale of real estate, by executors, Administrators and guardians.






2898. Making and return of Inventory.
2899. Estate to be appraised, etc.

2900. Appointment of appraisers by Justices of

the Peace.

2901. Appraisal, how made and certified.
2902. Separate Inventory and Appraisal of
household furniture, etc.

2903. Personal estate, first chargeable with
payment of debts, and if not sufficient,
Real estate to be sold.

2904. Executor, etc., to have right to possession
of Real and Personal estate.
2905. Proceedings in case of suspected embezzle-
ment, etc.

2906. Person cited refusing to appear and an-
swer, etc., may be committed.

2907. Proceedings to compel Account by per-
sons entrusted with any part of Estate.


2908. When Executor, etc., to compound with Debtors.

2909. Interest in Mortgaged Premises to be con-
sidered Personal assets, etc.

2910. When Executor, etc., may give release;
If premises bid in, for whom Executor,
etc., to be seized.
2911. Real estate purchased by Executor, may
be sold under License.

2912. If such Land be not sold, how assigned
and distributed.

2913. When suit to be prosecuted to recover lands, etc., fraudulently conveyed by deceased.

2914. Executors, etc., not bound to prosecute except on application of creditors, etc. 2915. Disposition of Estate recovered.

Making and return of inventory.

Chapter Seventy-One of Revised Statutes of 1846.

(2898.) SECTION 1. Every executor or Administrator shall, within three months after his appointment, make and return into the Probate Court a true inventory of the real estate, and of all the goods, chattels, rights and credits of the deceased, which shall have come to his possession or knowledge; excepting only that an executor, who shall be a residuary legatee, and shall have given bond to pay all the debts and legacies, as provided by law, shall not be required to return an inventory.

(2899.) SEC. 2. The estate and effects comprised in the Estate to be apinventory, shall be appraised by two or more disinterested praised, eto. persons appointed by the Judge of Probate for that purpose, who shall be sworn to the faithful discharge of their trust; and if any part of such estate or effects shall be in any other county, appraisers thereof may be appointed, either by the Judge of Probate having jurisdiction of the case, or by a disinterested Justice of the Peace of such other county.

Appraisers by

(2900.) SEC. 3. When appraisers shall be appointed by a Appointment of Justice of the Peace, he shall issue an order to them in Justices of the substance as follows:

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You are hereby appointed to appraise on oath the estate and effects of deceased, which may be in said county; and when you have performed that service, you are required to deliver this order, and your doings in pursuance thereof, to

executor (or Administrator as the case may be) of said deceased.

Given under my hand this

day of

in the year Justice of the Peace.


made and certi

(2901.) SEC. 4. The appraisers shall set down opposite to Appraisal, how each item in such inventory, distinctly, in figures, the value fed thereof in money, and deliver the same, certified by them, together with their appointment, if made by a Justice of the Peace, to the executor or Administrator.

tory and apprai

furniture, eto.

first chargeable

debts, and if not

(2002.) SEC. 5. A separate and distinct inventory and Separate Inven appraisement shall be made and returned as aforesaid, of all sal of household the household furniture and other personal property which may be allowed to the widow, pursuant to the provisions of the preceding chapter, but the same shall not be considered assets in the hands of the executor or Administrator. (2903.) SEC. 6. The personal estate of the deceased which Personal estate, shall come into the hands of the executor or Administrator, with payment of shall be first chargable with the payment of the debts and sufficient, Real expenses; and if the goods, chattels, rights and credits, in the hands of the executor or Administrator, shall not be sufficient to pay the debts of the deceased, and the expenses of administration, the whole of his real estate, except the widow's dower, or so much thereof as may be necessary, may be sold for that purpose by the executor or Administrator, after obtaining license therefor in the manner provided by law.

estate to be sold.

Executor, etc., to have right to pos

and Personal estate.

(2904.) SEC. 7. The executor or Administrator shall have session of Reala right to the possession of all the real as well as personal estate of the deceased, and may receive the rents, issues and profits of the real estate, until the estate shall have been settled, or until delivered over by order of the Probate Court to the heirs or devisees, and shall keep in good tenantable repair all houses, buildings and fences thereon which are under his control.

Proceeding in case of suspected


(2905.) SEc. 8. If any executor or Administrator, heir, embezzlement, legatee, creditor, or other person interested in the estate of any deceased person, shall complain to the Judge of Probate, on oath, that any person is suspected to have concealed, embezzled, conveyed away or disposed of any money, goods or chattles of the deceased, or that such person has in his Rev. of 1827, p. possession or knowledge, any deeds, conveyances, bonds,

2, Sec. 11.

Persons cited re

fusing to appear

may be committed.

contracts or other writings, which contain evidence of, or tend to disclose the right, title, interest or claim of the deceased to any real or personal estate, or any claim or demand, or any last will and testament of the deceased, the said Judge may cite such suspected person to appear before the Court of Probate, and may examine him on oath, upon the matter of such complaint.

(2906.) SEC. 9. If the person so cited shall refuse to appear and answer, etc., and submit to such examination, or to answer such interrogatories as may be put to him touching the matter of such complaint, the Court may, by warrant for that purpose, commit him to the common jail of the county, there to remain in close custody until he shall submit to the order of the Court, and all such interrogatories and answers shall be in writing, and shall be signed by the party examined, and filed in the Probate Court.

conpel Account

ted with any part of Estate.

Proceeding to (2907.) SEC. 10. The Judge of Probate, upon the complaint by person entius: on oath of any executor or Administrator, may cite any person, who shall have been entrusted by such executor or Administrator with any part of the estate of the deceased person, to appear before such Court, and may require such person to render a full account, on oath, of any money, goods, chattels, bonds, accounts or other papers belonging to such estate, which shall have come to his possession, in trust for such executor or Administrator, and of his proceedings thereon; and if the person so cited shall refuse to appear and render such account, the Court may proceed against him as provided in the preceding section.

etc., to com


(2908.) SEC. 11. When any debtor of a deceased person When Executor, shall be unable to pay all his debts, the executor or Admin-pound with istrator, with the approbation of the Judge of Probate, may compound with such debtor, and give him a discharge upon receiving a fair and just dividend of his effects.

gaged premises

Personal assets,

(2909.) SEC. 12. When any mortgagee of real estate, or any Interest in mortassignee of such mortgage, shall die without having foreclosed to be considered the right of redemption, all the interest in the mortgaged etc. premises conveyed by such mortgage, and the debt secured thereby, shall be considered as personal assets in the hands of the executor or Administrator; and he may foreclose the same, and have any other remedy for the collection of such debt which the deceased could have had if living, or may continue any proceeding commenced by the deceased for that


etc., may give

ises bid in, for

etc., to be seized

(2910.) SEC. 13. In case of the redemption of any such When Executor, mortgage, or the sale of the mortgaged premises by virtue of release; if prem a power of sale contained therein or otherwise, the money whom Executor, paid thereon shall be received by the executor or Administrator, and he shall thereupon give all necessary releases and 'receipts; and if, upon a sale of the mortgaged premises, the same shall be bid in by the executor or Administrator for such debt, he shall be seized of the same, for the same persons, whether creditors, next of kin or others, who would have been entitled to the money, if the premises had been redeemed or purchased at such sale by some other person.

chased by Execu

under license.

(2911.) SEC. 14. Any real estate so held by an executor or Real estate pus Administrator, or which may be purchased by him as such tor, may be sold upon a sale on execution for the recovery of a debt due the estate, may be sold for the payment of debts or legacies, and the charges of administration, in the same manner as if the deceased had died seized thereof, upon obtaining a license therefor from the Probate Court in the manner provided by


not sold, how as


(2912.) SEC. 15. If any land so held by an executor or if such Land be Administrator as mentioned in the preceding section, shall not signed and dis be sold by him as therein provided, it shall be assigned and distributed to the same persons, and in the same proportions, as if it had been part of the personal estate of the deceased; and if, upon such distribution, the estate shall come to two or Lore persons, partition thereof may be made between them, in like manner as if it were real estate which the deceased held in his lifetime.

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