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Chapter 14_page_044

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Title (1866) Acts, Resolutions and Memorials, Passed at the Several Annual Sessions of the Legislative Assembly of the Territory of Utah, 1866
Subject Law
Description (1866) The Fifteenth Legislature, 1865, passed an act to print the laws as prepared and reported by the Joint Committee on Revision and Compilation, including laws of the current session. No 1865 session law was printed because these acts were incorporated into the 1866 compilation.
Publisher Legislative Assemblye of the State of Utah
Date 1866
Type Text
Format image/jpeg
Digitization Specifications Photocopies scanned with Epson Expression 1640 XL and saved as 400 ppi uncompressed TIFF's. Display JPEG's created in PhotoshopCS at 800 x 1125 ppi
Identifier KFU30 1866 .A193
Language eng
Rights Management Digital image copyright 2005, S.J. Quinney College of Law. All rights reserved
Holding Institution S.J. Quinney College of Law, The University of Utah, South 1400 East, Salt Lake City, UT
Source Physical Dimensions 15 cm x 23.5cm
Metadata Cataloger Kelly Taylor
Scanning Technician Amanda Wilson
ARK ark:/87278/s6w37x2b
Setname uu_law_uschs
Date Created 2005-11-15
Date Modified 2006-01-25
ID 717212
Reference URL https://collections.lib.utah.edu/ark:/87278/s6w37x2b

Page Metadata

Title Chapter 14_page_044
Description 44 LAWS OF UTAH. . Sec. 10.-Every executor, before entering upon the discharge of his duties, must give bond* in such penalty and. securities as the judge of the court approves, conditioned for the faithful discharge of his duties, and take and subscribe an oath to the same import, Hvhich oath aud bond shall be filed in the probate court's office. New bonds, and increased penalties and new securities may be required, whenever the court shall deem it necessary or expedient. Sec. 11.-The court, when there is necessary delay in granting a commission to any executor to act, may, in its discretion, appoint one or more special executors, to collect and preserve the property of the deceased, who shall qualify as above required. All executors shali make out and file an inventory of all the estate and effects, personal and real, belonging.to such estate, in the probate court's office Within thirty days from the date of his commission. Upon granting full administration the powers of special executors shall cease, and all the business shall be transferred to the general executor. Sec. 12.-Nothing herein shall be so construed, when the interests of creditors are not prejudiced thereby, as to hinder the testator or the court prescribing the manner of winding up the affairs of the estate, or continuing his business in which the deceased was engaged at the time of his death, in order to wind up his affairs with greater advantage to the interest of the estate. Sec. 13.-All personal property of the deceased must be appraised by appraisers appointed by the court; and if any portion of such property be in another county, the same appraisers may serve, or others may be appointed by the e"ourt or by a disinterested justice of the peace of such county; and a supplemental inventory and appraisement must be made out whenever the existence of other property is discovered. Sec. 14.-When the deceased leaves a wife or family, no property exempt by law from execution shall be considered assets, or administered upon, but shall be held for the exclusive benefit of the wife or family, and shall not be liable for any debts against the estate. Sec. 15.-All persons having any of the property or effects of a deceased person in their hands wrongfully, are required to deliver them up to the executor of the estate. The executor, with the approbation of the court, may compound with any debtor of the estate who may be thought unable to pay his whole indebtedness, or in order to avoid doubtful litigation. Sec. 16.-The court, on application of the executor, shall, from time to time, direct the sale of such portions of personal effects as are of a perishable nature, or which from any cause would otherwise be likely to depreciate in value, and also such portions ashare necessary to pay off the debts and charges upon the estate. If the personal effects are found insufficient to satisfy such charges, a sufficient portion of real estate may be ordered to be sold for that purpose. Sec. 17.-Property may be sold either at public or private sale, as shall be most conducive to the interest of said estate, and reasonable and general notice of public sale must always previously be given.' . ¦ * Sec. IS-When real estate is sold, conveyance of the interest of the decedent may be made by the executor, under the approval of the court. , "Sec. 19.-Property may also be sold upon credit, not exceeding twelve months, whenever the court is satisfied that the interest of the estate will be promoted thereby. -...'¦¦¦ Sec. 20.-As soon as the executors are possessed of sufficient means, over and above the expense of administration, they shall pay off the charges of the last sick-, ness and.funeral of the deceased. . ' Sec. 21.-They shall, in the next place, pay any allowance which may be made by the court for the maintenance of a widow or minor children. Other demands against the estate are next payable; after which, legacies may be paid and distribution made to heirs by descent. A neglect or failure on the part of any creditor to give notice of his claim to the executor or the court, and not proving the same within two years from and after the granting of administration upon said estate, shall prove a bar to the filing of it ever after, unless the said claim is in litigation, or unless unavoidable circumstances entitle the claimant to equitable relief. Sec. 22.-If there are not likely to be sufficient means in all to pay off the whole of the debts of any one class, the court shall, from time to time, strike a dividend of the means on hand among the creditors of that class, and the executor shall pay the several amounts accordingly. ** Sec. 23.-The personal estate of the deceased, not necessary for the payment of debts not otherwise disposed of as herein provided, shall be distributed to the same persons and in the same proportions as though it were real estate. The distribution shares shall be paid over as fast as the executor can properly dp so. The property itself shall be distributed in kind, whenever that can be done satisfactorily and equitably; in other cases the court may direct the property to be sold, and the pro-
Format image/jpeg
Identifier 051_Chapter 14_page_044.jpg
Source Original Book: Acts, Resolutions and Memorials, Passed at the Several Annual Sessions of the Legislative Assembly of the Territory of Utah, 1866
Setname uu_law_uschs
Date Created 2005-11-15
Date Modified 2005-11-15
ID 717005
Reference URL https://collections.lib.utah.edu/ark:/87278/s6w37x2b/717005