nify the executor or Administrator, and the persons so entitled, against all demands, costs, charges and expenses, by reason of any covenant or agreement contained in such contract; but if there be no payment thereafter to become due on such contract, no bond shall be required of the purchaser. contract and chaser. (3068.) SEC. 30. Upon the confirmation of such sale, the Assignment of executor or Administrator shall execute to the purchaser an rights of purassignment of such contract; which assignment shall vest in the purchaser, his heirs and assigns, all the right, interest and title of the persons entitled to the interest of the deceased in the land sold, at the time of the sale; and such purchaser shall have the same rights and remedies against the vendor of such land, as the deceased would have had, if he were living. (3069.) SEC. 31. The proceeds of every such sale of the Proceeds of sale, interest of the deceased person in lands under contract as hereinbefore mentioned, shall be disposed of in all respects in the same manner as the proceeds of the sale of lands of which the deceased died seized, according to the provisions of this chapter. how disposed of subject to incum (3070.) SEC. 32. All sales and conveyances of land made by Sales to be made executors or Administrators pursuant to the provisions of this brances. chapter, shall be subject to all charges thereon, by mortgage or otherwise, existing at the time of the death of the testator or intestate; and in case the estate of the deceased shall be in any way liable for the amount secured by any such mortgage, or for any such charge, such sale shall not be confirmed by the Judge of Probate, until the purchaser shall execute a bond to the executor or Administrator, as required in this chapter in the case of a sale of a contract for the purchase of land, on which payments are to become due. tor, etc., may file pointment. (3071.) SEC. 33. When an executor or Administrator shall Foreign Execube appointed in any other State, or in any foreign country, on copy of his ap the estate of any person dying out of this State, and no executor or Administrator thereon shall be appointed in this State, the foreign executor or Administrator may file an authentieated copy of his appointment in the Probate Court of any 3 Mass., 514. county in which there may be any real estate of the deceased. to sell lands for and legacies. (3072.) SEC. 34. Upon filing such authenticated copy of his May be licensed appointment, such foreign executor or Administrator may be payment of debts licensed by the same Probate Court to sell real estate for the payment of debts or legacies, and charges of administration, in the same manner, and upon the same terms and conditions, as are prescribed in the case of an executor or Administrator When no further When Bond required, and what to contain. When licensed to sell more than is debts, etc., Bond to be given. appointed in this State, excepting in the particulars in which a different provision is hereinafter made. (3073.) SEC. 35. When it shall appear to the Court granting the license, that such foreign executor or Administrator is bound, with sufficient surety or sureties, in the State or country in which he was appointed, to account for the proceeds of such sale, for the payment of debts or legacies, and charges of administration, and a copy of such bond duly authenticated shall be filed in such Probate Court, no further bond for that purpose shall be required of him by the Court. (3074.) SEC. 36. If an authenticated copy of such bond shall not be filed as mentioned in the preceding section, such foreign executor or Administrator, before making such sale, shall give bond with sufficient sureties to the Judge of Probate, with condition to account for and dispose of the proceeds of such sale for the payment of the debts or legacies of the deceased, and the charges of administration, according to the law of the State or country in which he was appointed. (3075.) SEC. 37. When such foreign executor or Adminisnecessary to pay trator is licensed to sell more than is necessary for the payment of debts, legacies, and charges of administration, as before provided for in this chapter, he shall, before making the sale, give bond with sufficient sureties to the Judge of Probate, with condition to account to him for all the proceeds of the sale that shall remain after payment of the said debts, legacies and charges, and to dispose of the same according to law. may be licensed,. of Ward. Guardian, when (3076.) SEC. 38. When the goods, chattels, rights and credits to sell Real Estate in the hands of the guardian of any minor, or of any idiot or insane person, or any person under guardianship on account of excessive drinking, gaming, idleness or debauchery, shall be insufficient to pay all the just debts of his ward, with the charges of managing his estate, the guardian may be licensed by the Probate Court of the county in which such guardian was appointed, to sell his real estate for that purpose, in like manner, and upon the same terms and conditions, as are prescribed in this chapter in the case of a sale by executors or Administrators, excepting in the particulars in which a different provision is hereinafter made. 5 Pick, 482. Court may license sale of whole or Estate. (3077.) SEC. 39. If it shall be represented by the guardian part of Ward's in his petition, and shall appear to the Court, that it is necessary to sell some part of the real estate of the ward, and that by such partial sale the residue of the real estate, or of some specific piece or part thereof, would be greatly injured, the Court may license a sale of the whole of the estate, or of such part thereof as the Court shall judge necessary, and most for the interest of all concerned. Bond. (3078.) SEC. 40. The guardian shall give bond to the Judge Guardian to give of Probate to account for the surplus of the proceeds of the sale, in like manner as is prescribed in this chapter in the case of a like sale by an executor or Administrator. to be granted probation of Su Poor. (3079.) SEC. 41. No license shall be granted to any guardian when license not to sell real estate of his ward as provided in this chapter, in without the ap any case excepting that of minors, unless the Superintendents perintendants of of the Poor of the county of which the ward is an inhabitant, or in which he resides, shall certify to the Judge of Probate, in writing, their approbation of such proposed sale, and that they deem it necessary. notice of hear (3080.) SEC. 42. All those who are next of kin, and heirs Who entitled to apparent or presumptive of the ward, shall be considered as ing. interested in the estate, and may appear as such and answer to the petition of the guardian; and when personal notice of the time and place of hearing the petition is required to be given, they shall be notified as persons interested, according to the provisions respecting similar sales by executors and Administrators, contained in this chapter. (3081.) SEC. 43. When any minor, insane person or spend-Foreign guardian thrift, residing out of this State, shall be put under guardian- his appointment. ship in the State or country in which he resides, and shall have no guardian appointed in this State, the foreign guardian may file an authenticated copy of his appointment in the Probate Court of any county in which there may be any real estate of the ward. may file copy of to sell Real Es (3082.) SEC. 44. After filing an authenticated copy of his May be licensed appointment, such foreign guardian may be licensed to sell the tate of Ward. real estate, for the payment of the debts of the ward, and the charges of managing his estate, in the same manner, and upon the same terms and conditions, as are prescribed in this chapter in the case of a guardian appointed in this State, excepting in the particulars wherein a different provision is hereinafter made. (3083.) SEC. 45. When it shall appear to the Judge of When Bond required, and when Probate, that the foreign guardian is bound, with sufficient not. surety or sureties, in the State or country where he was appointed, to account for the proceeds of such sale, and an authenticated copy of such bond shall be filed in the Probate When licensed to sell more than is debts, Bond to be given. Court, no further bond shall be required here; otherwise, he shall give bond, in like manner as is prescribed in this chapter in the case of sales by foreign executors or Administrators. (3084.) SEC. 46. When such foreign guardian is authorized necessary to pay to sell more than is necessary to pay the debts and charges, he shall, before making the sale, give bond, with sufficient surety or sureties, to the Judge of Probate, with condition to account before such Judge, for all the proceeds of the sale that shall remain, after payment of the said debts and charges, and to dispose of the same according to law. Surplus to be considered Re al Estate. 3 Mass., 518. 9 Pick., 130. Guardian to take oath before sale. When Court may award costs. Limitation of actions to re (3085.) SEC. 47. In all cases of a sale by an executor, Administrator or guardian, of part or the whole of the real estate of his testator, intestate or ward, under a license granted by any Probate Court, by virtue of the provisions of this chapter, whether such executor, Administrator or guardian was appointed in this State or elsewhere, the surplus of the proceeds of the sale, remaining on the final settlement of the accounts, shall be considered as real estate, and disposed of among the persons, and in the same proportions, as the real estate would have been by the laws of this State, if it had not been sold. (3086.) SEC. 48. Every guardian, whether appointed in this State or elsewhere, when licensed to sell real estate, as provided in this chapter, shall, before making such sale, take and subscribe an oath like that required in the same case of an executor or Administrator; and notice shall be given, and the proceedings shall be conducted in the like manner as is prescribed in the case of an executor or Administrator, and the evidence of giving such notice may be perpetuated in the same manner. (3087.) SEC. 49. If any person shall appear and object to the granting of any license prayed for under the provisions of this chapter, by an executor, Administrator or guardian, and if it shall appear to the Court, either that the petition, or the objection thereto, is unreasonable, the Court may, in its discretion, award costs to the party prevailing, and may enforce the payment thereof. (3088.) SEC. 50. No action for the recovery of any estate cover Estate sold. sold by an executor or Administrator under the provisions of this chapter, shall be maintained by any heir or other person claiming under the deceased testator or intestate, unless it be commenced within five years next after the sale; and no action for any estate sold in like manner by a guardian shall be maintained by the ward, or by any person claiming under him, unless it be commenced within five years next after the termination of the guardianship, except as provided. hereinafter and others under (3089.) SEC. 51. The preceding section shall not apply to Case of Minors persons out of the State, nor to minors, or others under any disability. legal disability to sue, at the time when the right of action shall first accrue; but all such persons may commence such action at any time within five years after the removal of the disability, or their return to this State. on account of larities when Ward. (3090.) Sec. 52. In case of an action relating to any estate Sale not avoided sold by an executor, Administrator or guardian, in which an certain irregu heir or other person claiming under the deceased, or in which title contested by the ward, or any person claiming under him shall contest the 2 Mich. R., 226. validity of the sale, it shall not be avoided on account of any irregularity in the proceedings, provided it shall appear: 1. That the executor, Administrator or guardian was licensed to make the sale by the Probate Court having jurisdiction; 2. That he gave a bond which was approved by the Judge of Probate, in case a bond was required upon granting a license; 3. That he took the oath prescribed in this chapter; 4. That he gave notice of the time and place of sale as in this chapter prescribed; and: 5. That the premises were sold accordingly, and the sale confirmed by the Court, and that they are held by one who purchased them in good faith. erable for mis tion to sale. (3091.) SEC. 53. If there shall be any neglect or miscon- Damages recor duct in the proceedings of the executor, Administrator or conduct in relaguardian, in relation to such sale, by which any person inter- 5 Pick., 521. ested in the estate shall suffer damages, such aggrieved party may recover the same in a suit on the probate bond, or otherwise, as the case may require. for certain irreg title contested by ant. (3092.) SEC. 54. If the validity of a sale made by an execu-Sale not avoided tor, Administrator or guardian, shall be drawn in question by ularities, when any person claiming adversely to the title of the deceased adverse claim. testator or intestate, or of the ward, or claiming under any title that is not derived from or through the deceased person or the ward, the sale shall not be held void on account of any irregularity in the proceedings: Provided, it shall appear that the executor, Administrator or guardian was licensed to make the sale by a Probate Court having jurisdiction, and that he |