SEC. 4. If any heir or creditor to an estate is dissatisfied with the allowance of any claim, he may appeal therefrom, in the same manner the administrator is now authorized to appeal, first filing in the probate office a bond, to the satisfaction of the judge, conditioned to indemnify the estate from any cost or damage that may accrue in the prosecution of said appeal. (Laws of 1844, chap. 137.)

SEC. 5. The creditor being notified of such objection, shall file his declaration within thirty days after, and serve a copy thereof upon the administrator, and prosecute the same in the manner prescribed when a creditor shall appeal.

SEC. 6. Upon such declaration such pleadings may be made, issues joined and proceedings had as the court may direct or allow. SEC. 7. If the creditor shall fail to enter his action in manner aforesaid, or to recover judgment thereon, his demand shall be forever barred, and whatever was allowed by the commissioners shall be struck from the list of claims.

SEC. 8. The administrator shall recover costs, if the creditor fail to enter his action upon filing a complaint, or if the creditor appealing fail to recover more than was allowed by the commissioner. If the appeal was taken by the administrator, the creditor shall be allowed his costs, if the amount allowed him by the commissioner is not reduced.

SEC. 9. Any creditor may be admitted to defend such action with or without the administrator, giving such security for costs as the court may order.

SEC. 10. The judgment of the court of common pleas shall be certified to the judge of probate, and the amount recovered by the creditor, including costs, shall be added to the list of claims, and the sum allowed by the commissioner, if any, struck therefrom. SEC. 11. There shall be no review of any judgment rendered on an appeal from the judgment of commissioners.

SEC. 12. If the creditor and administrator in either of the cases aforesaid shall, within said thirty days, agree before the judge to submit the disputed claim to referees, a rule therefor shall be granted, and their report being accepted by the judge shall be final.

SEC. 13. The amount awarded by such referees shall be added to the list of claims, and the sum allowed by the commissioner struck therefrom, and the costs of reference may be allowed to either party by the judge in his discretion; and if allowed to the creditor, shall be added to the list of claims, and if to the administrator, the judge shall issue his warrant of distress therefor.

SEC. 14. The remedy of any creditor against the heirs or devisees of any estate, upon any claim which could not be allowed by the commissioners, because it depended upon a contingency which did not happen during the pendency of such commission, shall not be barred by any neglect to present the same to the commissioners.

SEC. 15. No surety of any administrator of an insolvent

estate shall be liable for the sum decreed to be paid to any creditor, unless a suit therefor shall be commenced against him within one year from the making of the decree, if the creditor had notice thereof within six months after such decree.

SEC. 16. All demands against any estate which might be presented to the commissioners, and were not so presented, and all demands so presented and rejected, and not allowed upon an appeal as aforesaid, shall be forever barred.

SECTION 1. The judge of probate, on application of the administrator, may grant license for the sale of the real estate of any person deceased, or of lands purchased or set off to the administrator in payment of debts due to the estate, when the personal property shall be insufficient to pay the just demands by law chargeable to the estate.

SEC. 2. Such license may extend to the reversion of the widow's dower or to any interest in land whatever; but any other estate, except a present fee, shall be particularly specified in the application, notice and license.

SEC. 3. If the real estate is so situated that a part thereof cannot be sold, without injury to the persons interested therein, license may, on application, be granted to sell the whole of such estate, though it may be more than sufficient for the payment of said demands.

SEC. 4. No such license shall be granted, if the heirs or devisees will give to the judge a bond, with sufficient sureties for the payment of such just demands and to indemnify the administra- tor therefrom.

SEC. 5. The judge in such license shall fix the sum of money to be raised by such sale, and may, when he shall judge it expedient, specify the tracts or parcels to be sold.

SEC. 6. The judge may grant license to any such administrator to sell the timber or wood growing or standing on any real estate of the deceased, whenever the sale thereof, separate from such real estate, shall be beneficial to the persons interested; and such timber or wood shall be deemed to be real estate.

SEC. 7. The judge, either before or after any license to sell real estate is granted, may require from such administrator a bond, with sufficient sureties, to account for the proceeds of such sale in such manner as the judge shall order.

SEC. 8. The administrator, before proceeding to act under any license, shall take the following oath :

of

"I,

do solemnly swear that in disposing of such estate deceased, as I am licensed to sell, I will use my best judgment in fixing on and advertising the time and place of sale, and will exert my utmost endeavors that the same shall be sold in such manner as will be of the greatest advantage to the persons interested in said estate, without any sinister or selfish views whatSo help me God."

ever.

A certificate of such oath shall be filed in the probate office before the settlement of the account of administration.

SEC. 9. Every such sale shall be made at public auction, and the administrator so authorized and sworn, and having so advertised and sold, may execute and deliver a valid conveyance of the estate sold to the purchaser, being the highest bidder, his heirs and assigns.

SEC. 10. When any person deceased shall have contracted in writing to convey real estate, and was prevented from making such conveyance by death, and the party contracted with has performed or is ready to perform the condition of such contract, the judge may grant a license to the administrator to make such conveyance as the deceased, if alive, would be bound to make.

SEC. 11. When it shall clearly appear by the will of any person deceased, to have been his intention that his executor should dispose of his real estate for any lawful purpose, but the words used are insufficient for that purpose, or when the estate shall be administered by some other person than the executor named therein, the judge may grant license to the administrator to sell the same, for the purpose and in the same manner intended by the testator.

SEC. 12. In all cases, fraudulent conduct in the sale of real estate, misappropriation of the proceeds thereof, or refusal to account for the same, shall be a breach of the administrator's bond.

SEC. 13. Any administrator, purchaser, or person interested, may petition the judge to perpetuate the evidence of any facts set forth in such petition, relative to any proceeding connected with such administration, and the judge after due notice may decree

that all or any of said facts are proved, and such decree shall be conclusive evidence of those facts.

SEC. 14. No license shall be available to sustain any sale made by any administrator under the same, unless made within two years from the granting thereof.

SECTION 1. When any married man whose wife may be insane, and shall have continued insane for the space of one full year, may wish to sell and convey any of his real estate, he may, by petition, apply to the judge of probate for the county in which he may reside, for a license to sell and convey the same in such a manner as to bar any claim or right of dower which his said insane wife might otherwise have therein.

SEC. 2. Upon the filing of said petition, a citation shall issue to the friends of said insane wife, and all interested, in the way and manner usually practised in probate courts; and if, after a hearing had, the judge shall be satisfied that the interests of all concerned would be promoted by such sale and conveyance of the whole or any part of the petitioner's real estate, he is fully authorized and empowered to grant such license, and any conveyance made under and by virtue of such license shall be a complete bar to any claim of the said insane wife to dower in the premises so conveyed.

CHAPTER 175.

OF THE WIDOW'S ALLOWANCE, DOWER AND DISTRIBUTIVE SHARE.

SECTION 1. The judge of probate may make to the widow of any person deceased, intestate or testate, the widow not being mentioned in such deceased person's will, a reasonable allowance out of the personal estate for her present support, and in the decree of distribution of the estate, the whole or such part thereof as the judge may deem reasonable, shall be accounted as part of her share. (R. S., sec. 1, amended by laws of 1844, chap. 138.)

SEC. 2. If the widow of any person deceased testate shall waive the provision made for her in the will, the judge may make to her a similar allowance.

SEC. 3. The widow of every person deceased shall be entitled to her dower in the real estate of which her husband died seized, to be assigned to her by the court of probate in one or more parcels thereof as may be convenient.

SEC. 4. No widow shall be entitled to dower in any lands, unless the same were, during the marriage and seizin of the husband, in a state of cultivation, or were used or kept as a wood or timber lot, and occupied with some farm or tenement owned by the husband.

SEC. 5. Every widow having right of dower shall be endowed of so much of any real estate of the husband as will produce a yearly income equal to one third of the yearly income thereof at the time the husband died or parted with his title.

SEC. 6. When the dower of any widow cannot be conveniently and equitably assigned by metes and bounds, she shall be endowed thereof in a special manner as of the third part of the rents and profits thereof, to be estimated as aforesaid.

SEC. 7. No widow shall commit or suffer any waste of the land or real estate of which she is endowed, but shall maintain