1822 - Edocs

133
•ith good security of the purchasers, and shall account.
for such goods according- to the saies, it' more be sold
Uian wilt pay the debts and expenses. The executors
and administrators may assign said notes for the surplus,
to tnose entitled to the estate, and be discharged for so
much. #
22. Be it further enacted, That, if such perishable
goods be not sufficient for the paying of debts and expen-
ses, the executors or administrators shall proceed- to., sell
the other personal estate, disposing of the slaves lost,
until the debts and legacies be all paid ; having regard to
the specific legacies : Provided, that, if any testator direct
his estate not to be sold, the same shall be preserved
in specie, unless a sale be necessary for the payment of
debts; and if directed not to be appiaised or sold, it
shall be sufficient to return an inventory only.
23. Be it further enacted, That, it shall be the duty of
executors and administrators when they sell the personal
property of their testator, or intestate, to deliver to the
clerk of the court granting the letters testamentary, or of
..d ministration, acomplete list of the property sold, signed
by the laid executors or administrators, which list
shall contain and describe the articles sold, the amount
and name of the purchaser, and shall be delivered to the
clerk of said court, within sixty days, after the said sale
shall be completed.
24. Be it further enacted, That, the sale and conveyance
of lands and tenements, to be sold in pursuance of
any will, shall be made by the executors, or such of them
as shall undertake the execution of the same, or by the
surviving executors, or by the administrator with the
will annexed, if no other person be appointed in such will
for that purpose, or if the person so appointed shall refuse
to perform the trust, or die before he shall have completed
the same.
25. Be it further enacted, That, if any person shall die
intestate, being owner of lands and tenements within this
Territory, at the time of his or her death, but not sufficient
personal estate and slaves to pay his or her just debts
in such case it shall and may be lawful for the administrator
to apply to the circuit court of the county, where
such lands and tenements may lie, which court shall order
and direct) as they may think proper from time to
time, for the defraying the just debts, the sale of such
lands and tenements or any part thereof: Provided, that
the circuit court shall make no such order, unless the
administrator, shall together with his petition, file a true
and just account, upon his her or their oath or affirmation,
of all the intestates debts, which shall then be come
to his, her or their knowledge, together with the inventory,
appraisement and list of sales. And before any such
Other personal ea
tate.
Proviso.
Account of sales
given to clerk or
court.
Sale and convey
ance of lands 6i,
Lands of intestate
may be sold by or
der of court.
Proviso.