charges of such testator or intestate, or shall refuse to account with the other executor or administrator, the aggrieved executor or administrator may bring his action of account, or in the nature of account, against the other, and recover his proportionate share of such estate. SEC. 27. The administrator with the will annexed who shall be appointed by the court of probate, shall have the same power to sell and convey real estate as may be given by such will, or by law, to the executor or executors thereof. SEC. 28. If any person shall alienate or embezzle any of the goods, chattels or other personal estate of any deceased person, before he shall have taken out letters of administration and exhibited a true inventory of all the known estate of the person deceased, every such person shall stand chargeable and be liable to the creditors and other persons aggrieved, as being an executor in his own wrong. SEC. 29. Every executor and administrator shall, as soon as may be after his appointment, give notice thereof by publishing the same in some public newspaper in this state, nearest the place in which the deceased person last dwelt, and in such other manner as the court of probate may direct. CHAPTER 157. OF THE INVENTORY AND ASSETS OF ESTATES OF DECEASED SECTION PERSONS. 1. Inventory of assets, when to be re- 2. What to contain, and of appraisers. not assets. 4. Widow's right to apparel, household goods and supplies. 5. What emblements assets, and what not. 6. Effect of appointing debtor executor. 7. Debts due by mortgage on real estate, when assets. 8, 9 and 10. Power of executor, &c., of mortgagee out of possession, over mortgage. 11. To whose use seized, upon recovering possession of estate mortgaged. SECTION 12 and 13. Duty and power of, as to, 15. Of license to sell mortgaged estate, 17. Power of court to license sale of real estate, &c., of decedent, when and how. 18 and 19. Power of court to examine and commit person suspected of embezzling estate of decedent. SECTION 1. Every administrator, except the husband as administrator on his wife's personal estate, and every executor, unless as residuary legatee he has given bond to pay the funeral charges, debts and legacies of the testator, shall, within three months after his appointment, return to the probate office, under oath, a true inventory of all the goods, chattels, rights and credits of the deceased, that shall have come to the knowledge of such executor or administrator. SEC. 2. Such inventory shall contain a just appraisement of the goods and chattels, rights and credits, therein specified, to be made by three suitable persons, to be appointed by the court of probate, not members of said court, who shall be sworn by the court, or by some justice of the peace of the town in which they are appointed, or by some public notary, to the faithful discharge of their trust. SEC. 3. The wearing apparel of any person deceased, not exceeding in value the sum of one hundred dollars, not including in wearing apparel jewels and watches, shall not be included in the inventory, nor be considered as assets in the hands of the executor or administrator for the payment of debts, but may be bequeathed and if not bequeathed, shall go to the next of kin of the deceased. SEC. 4. If the personal estate of any deceased person be insufficient to pay the debts and funeral charges of the deceased, the widow shall nevertheless be entitled to her apparel and to that of her children, and to such bedding and other household goods, supplies on hand and such other property of the husband as is exempt from attachment by law, as the court of probate shall judge necessary, according to her situation and the circumstances of the estate; and such part of the personal estate as the court may allow to the widow, shall not be assets, though inventoried, in the hands of the executor or administrator; and in any case when there shall be no children of the deceased person, or their descendants, living at the time of the decease, the said court of probate shall also allow and set off to the widow, such portion of the real estate of her deceased husband which shall not be required for the payment of debts, as may be suitable for her situation and support, and be in accordance with the circumstances of the estate; and such widow shall hold such real estate in addition to her dower upon the same terms and conditions, and for the same period as she holds her estate of dower. SEC. 5. If any testator or intestate shall die after the first day of March, all the emblements of his lands that shall be severed before the thirty-first day of December next following, shall be included in the inventory, and be assets in the hands of his executor or administrator; but all such emblements growing on the lands on the day last mentioned, or at the time of the death of the testator or intestate, if that event happen after the thirty-first day of December, and before the first day of March shall not be so included, but shall pass with the land to the heir, devisee or tenant in reversion or remainder. SEC. 6. The appointment of a debtor as an executor shall in no case be deemed an extinguishment of the debt, but all such debts shall be accounted for as assets by the executor, unless otherwise directed by the will. SEC. 7. Debts due by mortgage of real estate, and the mortgaged premises shall, before foreclosure of the mortgage, be considered personal property; and as such shall be included in the inventory as assets in the hands of the executor or administrator, and be distributed. SEC. 8. If the deceased mortgagee of real estate shall not, in his lifetime, have recovered seizin and possession of any real estate mortgaged to secure such debt, his executor or administrator shall have the same control of his interest in the real estate mortgaged, as he would have in personal estate mortgaged to his testator or intestate. SEC. 9. He may sell or dispose of the mortgage in his discretion, for the amount due thereon, or for any less amount, upon obtaining leave therefor from the court of probate appointing him. SEC. 10. He may take the surrender of or sue in ejectment for, the seizin and possession of the real estate mortgaged as aforesaid, in which action, it shall be sufficient for him to declare on the seizin and possession of his testator or intestate. SEC. 11. Upon recovery or surrender of possesssion of real estate mortgaged as aforesaid, the executor or administrator shall be seized and possessed of the mortgaged estate to the sole use of the heirs of the intestate or of the devisees of the testator to whom such estate may be devised. SEC. 12. In case the lands mortgaged and recovered as aforesaid shall be necessary for the payment of debts, legacies or charges of administration, and the same shall be certified from the court of probate, the executor or administrator shall have full right, power and authority to dispose and make sale of the whole or part of the real estate recovered as aforesaid, subject however to the equity of redemption. SEC. 13. It shall also be lawful for the executor or administrator to sell the same at private sale to any person who shall pay therefor the whole of the money due upon the mortgage at the time of sale, provided the court of probate shall give leave for such private sale; otherwise, the same shall be sold at public auction to the highest bidder; and notice of such intended sale shall be given in the manner prescribed by law for the sale of real estate by executors or administrators. SEC. 14. After the surrender or recovery of possession of real estate mortgaged as aforesaid, and before conveyance or assignment in manner aforesaid, or in case the testator or intestate die possessed of any real estate mortgaged to him which may be redeemed, if the mortgagor, his heirs, executors, administrators or assigns, shall within the time limited for the equity of redemption, redeem the mortgaged premises, the executor or adininistrator shall, in every instance, be entitled to receive the redemption money for distribution or payment to the devisee, and is authorized, empowered and directed to discharge the mortgaged premises, by release, quitclaim or other legal conveyance. any real esta*: SEC. 15. If the testator or intestate die seized of mortgaged to him, the same, and the mortgage on the same shall be sold by the executor or administrator only for payment of debts or legacies and charges of administration upon obtaining license from the court of probate therefor, in the same manner as other real estate of which the testator or intestate died seized. SEC. 16. In all cases of land mortgaged to a testator or intestate, the same shall, if not redeemed or sold as aforesaid, be assigned and distributed to the same persons, and in the same proportions as if it had been a part of the personal estate of the deceased; and if the same shall come to two or more persons, partition thereof may be made by the court of probate, or by action, in like manner as if it had been the absolute property of the testator or intestate. SEC. 17. When the personal estate of any person deceased shall not be sufficient to pay the debts which the deceased owed, the expenses of his funeral, and of supporting his family and settling his estate, in manner prescribed by law, the court of probate which shall have granted letters testamentary or of administration on such estate, shall thereupon authorize and empower the executor or administrator appointed to settle such estate, to make sale at public auction of so much of the land, or of so much of the wood or timber standing or growing on the land, or of so much of the stone in the quarry or otherwise on the land, or of so much of the coal, or of so much of the peat on the land of such deceased person as shall be necessary to make up the deficiency of the personal estate for the purpose aforesaid, with incidental charges. SEC. 18. Courts of probate shall have power to call before them and examine upon oath, any person suspected and complained of by any executor, administrator, heir, creditor, legatee or other person having lawful right or claim to the estate of any person deceased, to have concealed, embezzled or conveyed away any of the personal estate left by the testator or intestate, for the discovery of the same. SEC. 19. If the person suspected and complained of as aforesaid shall refuse to be examined, or to answer interrogatories upon oath, respecting the estate which he may be suspected of concealing, embezzling or conveying away, the said court of probate may commit the person so refusing to the jail of the county, there to remain until he shall consent to be examined and answer interrogatories upon oath as aforesaid, or shall be released by the consent of the person suspecting and complaining against him, or by order of the supreme court. SECTION CHAPTER 158. OF INSOLVENT ESTATES OF DECEASED PERSONS. 1. How to be distributed, and what claims against, preferred.. 2. Of representation of insolvency and appointment and powers of commissioners. 3. Notice of meetings of commissioners. 4. Commissioners, how qualified, and power of, to administer oaths, &c. 5. Time to be allowed to bring in claims, and of extension of time. 6. Report of commissioners. 7. Order of court upon reception of report. 8. Right of creditor to sue, if claim rejected. 9. Right of, to appeal from allowance of claim, to executor or administrator. 10. Judgment of court what, in case of suit or appeal. SECTION 11. Right of executor, &c., to reject claim allowed, and of creditor to sue for same. 12 and 13. Right of executor, &c., to sub- 16. Claims not made out before commis- 17. Pendency of commission, how long bar to suits. SECTION 1. When the estate of any person deceased shall be insolvent or insufficient to pay all the just debts which the deceased owed, the same shall be distributed to and amongst all the creditors in proportion to the sums to them respectively owing, so far as the said estate will extend; saving that the debts due to the United States and necessary funeral charges of the deceased, the charges for attendance and medicines in the last sickness, debts due to this state, and all state and town taxes, are to be first paid, and in the order in which they are named. SEC. 2. The executor or administrator of any such insolvent estate, before payment to any be made, except as aforesaid, shall represent the condition and circumstances thereof unto the court of probate which granted letters testamentary or of administration thereon; and the said court shall appoint three fit and disinterested persons to be commissioners, with full power to receive and examine all claims of the several creditors, and how they are made out. SEC. 3. Said commissioners shall put up notifications of the times and places of their meeting to attend the creditors for the receiving of their claims, in three or more public places in the town, and one notification on or near the door of the court-house in the county where the deceased last dwelt; or shall advertise the said times and places in one or more of the newspapers printed in this state, nearest to the place of meeting, for at least three full weeks before the time appointed for their first meeting. SEC. 4. They shall be sworn to the faithful discharge of their duty, before the court appointing them, or some officer authorized |