contract sold under sec. 213. Assignment of an assignment of the contract, which vests in the purchaser, his heirs and assigns, all the right, title, and interest of the estate, or of the persons entitled to the interest of the decedent, in the lands sold at the time of the sale, and the purchaser has the same rights and remedies against the vendor of such land as the decedent would have had if he were living. Effect of assignment. Application of moneys re ceived for property sold subject to any lien. SEC. 217. When any sale is made by an executor or administrator, pursuant to the provisions of this chapter, of lands subject to any mortgage or other lien which is a valid claim against the estate of the decedent, and has been presented and allowed, the purchase money must be applied, after paying the necessary expenses of the sale, first, to the payment and satisfaction of the mortgage or lien, and the residue, if any, in due course of administration. The application of the purchase money to the satisfaction of the mortgage or lien must be made without delay, and the land is subject to such mortgage or lien until the purchase money has been actually so applied. No claim against any estate, which has been presented and allowed, is affected by the statute of limitations, pending the proceedings for the settlement of the estate. The purchase money, or so much thereof as may be sufficient to pay such mortgage or lien, with interest, and any lawful costs and charges thereon, may be paid into the probate court, to be received by the clerk thereof, whereupon the mortgage or lien upon the land must cease; and the purchase money must be paid over by the clerk of the court without delay, in payment of the expenses of the sale, and in satisfaction of the debt to secure which the mortgage or other lien was taken, and the surplus, if any, at once returned to the executor or administrator, unless, for good cause shown, after notice to the executor or administrator, the court otherwise directs. SEC. 218. At any sale, under order of the probate court, of lands upon which there is a mortgage or lien, Holder of lien may pur chase. the holder thereof may become the purchaser, and his receipt for the amount due him from the proceeds of the sale is a payment pro tanto. If the amount for which he purchased the property is insufficient to defray the expenses and discharge his mortgage or lien, he must pay Payments by to the court or the clerk thereof an amount sufficient to pay such expenses. SEC. 219. If there is any neglect or misconduct in the proceedings of the executor in relation to any sale, by which any person interested in the estate suffers damage, the party aggrieved may recover the same in an action upon the bond of the executor or administrator, or otherwise. SEC. 220. Any executor or administrator who fraudulently sells any real estate of a decedent, contrary to or otherwise than under the provisions of this chapter, is liable in double the value of the land sold, as liquidated damages, to be recovered in an action by the person having an estate of inheritance therein. holder of lien Liability of administrator executor or in proceeding to sell property. Liability of administrator lent sale of executor or for fraudu real estate. recover estate sold under this chapter. SEC. 221. No action for the recovery of any estate sold by an executor or administrator under the provis- Limitation to ions of this chapter, can be maintained by any heir or other person claiming under the decedent, unless it be commenced within three years next after the sale. An action to set aside the sale may be instituted and maintained at any time within three years from the discovery aside sale. of the fraud, or other grounds upon which the action is based. SEC. 222. The preceding section shall not apply to minors or others under any legal disability to sue at the time when the right of action first accrues, but all such persons may commence an action at any time within three years after the removal of the disability. SEC. 223. When a sale has been made by an executor or administrator of any property of the estate, real or personal, he must return to the probate court, at its next term thereafter, an account of sales, verified by his affidavit. If he neglects to make such return he may be Action to set Application of preceding section to persons la boring under disability to sue. Report of sales by execministrator. utor or ad Executor or administrator punished by attachment, or his letters may be revoked, one day's notice having been first given him to appear and show cause why such attachment should not issue, or such revocation should not be made. SEC. 224. No executor or administrator must, directly not to pur- or indirectly, purchase any property of the estate he represents, nor must he be interested in any such sale. chase at sale. Executor or administra tor to take possession of all estate of decedent. Actions by or against exec utors or ad ministrators. Actions by executors or ad mi nistra tors for waste, trespass, etc. Actions against executor or ad CHAPTER VIII.-OF THE POWERS AND DUTIES OF EXECUTORS The executor or administrator must take into his possession all the estate of the decedent, real or personal, and collect all debts due to the decedent or to the estate. For the purpose of bringing suits to quiet title or for partition of such estate, the possession of the executors or administrators is the possession of the heirs or devisees; such possession by the heirs or devisees is subject, however, to the possession of the executor or administrator for the purposes of administration, as provided in this title. SEC. 226. Actions for the recovery of any property, real or personal, or for the possession thereof, and all actions founded upon contracts, may be maintained by and against executors and administrators in all cases in which the same might have been maintained by or against their respective testators or intestates. SEC. 227. Executors and administrators may maintain actions against any person who has wasted, destroyed, taken or carried away, or converted to his own use, the goods of the testator or intestate in his lifetime. They may also maintain actions for trespass committed on the real estate of the decedent in his lifetime. SEC. 228. Any person, or his personal representatives, may maintain an action against the executor or administrator of any testator or intestate who in his lifeministrator time has wasted, destroyed, taken or carried away, or converted to his own use, the goods or chattels of any such person, or committed any trespass on the real estate of such person. for waste, trespass, etc. Rights and surviving partner. powers of surviving settle part partner to nership affairs and account. SEC. 229. When a partnership exists between the decedent, at the time of his death, and any other person, the surviving partner has the right to continue in possession of the partnership, and to settle its business, but the interest of the decedent in the partnership must be included in the inventory and be appraised and appropriated as other property. The surviving partner must settle the affairs of the partnership without delay, and account with the executor or administrator, and pay over such balances as may from time to time be payable to him in right of the decedent. Upon the application of the executor or administrator, the probate judge may, whenever it appears necessary, order the surviving partner to render an account, and in case of neglect or refusal may, after notice, compel it by attachment, and the executor or administrator may maintain against him any action which the decedent could have maintained. SEC. 230. An administrator may, in his own name, Action on for the use and benefit of all parties interested in the estate, maintain actions on the bond of an executor, or of any former administrator of the same estate. SEC. 231. In actions by or against executors it is not necessary to join those as parties to whom letters were issued but who have not qualified. Probate judge surviving may compel partner to account. bond by an administra tor. of joinder of administra executor or tor who did not qualify. When execu SEC. 232. Whenever a debtor of a decedent is unable to pay all his debts, the executor or administrator, with the approbation of the probate court or judge, may tor or admincompound with him and give him a discharge upon receiving a fair and just dividend of his effects. A compromise may also be authorized when it appears to be just and for the best interest of the estate. SEC. 233. When there is a deficiency of assets in the hands of an executor or administrator, and when the decedent in his lifetime has conveyed any real estate or any rights or interests therein with intent to defraud his creditors, or to avoid any right, debt, or duty of any person, or has so conveyed such estate that by law the deeds. or conveyances are void as against creditors, the executor istrator may compound with debtor of estate. Recovery of property fraudulently disposed of by decedent. When suit to be brought under pre ceding section. estate recov ered. or administrator must commence and prosecute to final judgment any proper action for the recovery of the same, and may recover for the benefit of the creditors all such real estate so fraudulently conveyed, and may also, for the benefit of the creditors, sue and recover all goods, chattels, rights, or credits which have been so conveyed by the decedent in his lifetime, whatever may have been the manner of such fraudulent conveyance. SEC. 234. No executor or administrator is bound to sue for such estate as is mentioned in the preceding section, for the benefit of the creditors, unless on application of creditors, who must pay such part of the costs and expenses of the suit, or give such security to the executor or administrator therefor, as the probate judge shall direct. SEC. 235. All real estate so recovered must be sold for the payment of debts, in the same manner as if the decedent had died seized thereof, upon obtaining an order Disposition of therefor from the probate court, and the proceeds of all goods, chattels, rights, and credits so recovered must be appropriated in payment of the debts of the decedent, in the same manner as other property in the hands of the executor or administrator. Executor CHAPTER IX.-OF THE CONVEYANCE OF REAL ESTATE BY SEC. 236. When a person who is bound by contract, in writing, to convey any real estate, dies before making or the and in all cases where such decedent, if conveyance, living, might be compelled to make such conveyance, the of real estate. probate court may make a decree authorizing and directing his executor or administrator to convey such real estate to the person entitled thereto. Petition for convey a nee and notice of hearing. SEC. 237. On the presentation of a verified petition by any person claiming to be entitled to such conveyance from an executor or administrator, setting forth the facts upon which the claim is predicated, the probate court must appoint a time and place for hearing the peti |