of the probate court, as provided in this chapter, shall be effectual to pass the estate contracted for, as fully as if the contracting party himself was still living, and then executed the conveyance. Decree for con recorded, to give sion. § 212. A copy of the decree for a conveyance made by the probate court, and duly certified and recorded in the office veyance, when of the recorder of the county where the lands lie, shall give right of possesthe person entitled to the conveyance, a right to the possession of the lands contracted for, and to hold the same according to the terms of the intended conveyance, in like manner as if they had been conveyed in pursuance of the decree. Decree na be § 213. The recording of any decree, as provided above, shall not prevent the court making such decree, from enfor- enforced by othcing the same by other process. er process. party entitled to § 214. If the person to whom the conveyance was to be made, shall die before the commencement of the proceed- Proceedings in ings, according to the provisions of this chapter, or before case of death of the completion of the conveyance, any person who could conveyance. have been entitled to the estate under him as heir, devisee, or otherwise, in case the conveyance had been made according to the terms of the contract, or the executor or administrator of such deceased person, for the benefit of the person so entitled, may commence such proceedings, or may prosecute the same, if already commenced, and the conveyance shall be so made as to vest the estate in the same person who would have been entitled to it, or in the executor or administrator for their benefit. Executor, etc., liable, except up CHAPTER X. ACCOUNTS TO BE RENDERED BY EXECUTORS AND ADMINISTRA- $215. No executor or administrator, shall be chargeable upon any special promise to answer damages, or to pay the not personally debts, of the testator or intestate, out of his own estate, unon written pro- less the agreement for that purpose, or some memorandum or note thereof, is in writing, and signed by such executor or administrator, or by some other person, by him thereunto specially authorized. mise. Executer, etc., § 216. Every executor and administrator, shall be chargeable in his accounts, with the whole of the estate of the dechargeable for in ceased, which may come to his possession, at the value of the appraisement contained in the inventory, except as provided in the following sections, and with all the interest, profit, and income of the estate. come, etc.. of estate. able with loss and excess. [Form No. 167, Appendix.] § 217. He shall not make profit by the increase, nor sufWhen charge- fer loss by the decrease or destruction, without his fault, of accountable for any part of the estate. He shall account for the excess, when he shall sell any part of the estate for more than the appraisement, and if any shall be sold for less than the appraisement, he shall not be responsible for the loss, if the sale has been justly made. Uncollected debts. Necessary ex [Form No. 167, Appendix.] § 218. No executor or administrator shall be accountable for debts due to the deceased, if it shall appear that any they remain uncollected without his fault. [Form No. 167, Appendix.] § 219. He shall be allowed all necessary expenses, in the penses and legal care, management, and settlement of the estate, and for his fees allowed When will pro- services, such fees as the law provides; but when the de vides for compen s.tion. (a.) See cases noted at the end of the chapter. ceased shall, by his will, make some other provision for the compensation of his executor, that shall be deemed a full compensation for his services, unless he shall by a written instrument, filed in the probate court, renounce all claim for compensation provided by the will. [Form No. 140, Appendix.] § 220. No administrator or executor shall purchase any claim against the estate he represents; and if he shall have paid any claim for less than its nominal value, he shall only be entitled to charge in his account, so much as he shall have actually paid. [Form No. 154, Appendix.] Where an executor, under a power of sale, sold the testator's real estate at public action, and a third person, at the solicitation of the executor and for his benefit, purchased the premises: Held, that the sale, upon an accounting, might be treated as invalid, so far as to hold the executor responsible for the true value of the property at the time of the sale. Ames v. Downing, 1 Bradford's R., 321, A person who, in view of taking the administration of an estate, purchases claims against the estate at a discount, is only entitled to credit for the amount actually paid. Chevallier Admr. v. Wilson and wife, 1 Texas R., 161. administrators. § 221. When no compensation shall have been provided by the will, or the executor shall renounce all claim thereto, Compensation he shall be allowed commissions upon the amount of the of executors and whole estate accounted for by him, as follows:-For the first thousand dollars, at the rate of seven per cent; for all above that sum, and not exceeding ten thousand dollars, at the rate of five per cent; for all above that sum, at the rate of four per cent ; and the same commissions shall be allowed to administrators. In all cases, such further allowance may be made, as the probate judge may deem just and reasonable, for any extraordinary services, not required by an executor or administrator in the common course of his duty; provided, the total amount of such allowances shall not exceed the amount of commissions allowed by this section. [Form No. 167, Appendix.] This rule only applies where the administration is complete, and the estate finally settled. Where the administrator resigns or is removed, leaving the administration incomplete, there is no fixed rule of compensation. The probate court should apportion it in reference to the compensation fixed by law for the whole, according to sound judgment. Ord v. Little, 3 Cal. R., 287. § 222. At the third term of the court after his appointment, and thereafter, at any time when required by the court, Executor, etc.. to render account either upon its own motion, or upon the application of any person interested in the estate, the executor or administraat the third term tor, shall render, for the information of the court, an exhibit after his appoint- under oath, showing the amount of money received and expended by him, the amount of all claims presented against the estate, and the names of the claimants, and all other matters, necessary to show the condition of its affairs. ment. In case of fail. [Forms No. 141, 142, Appendix.] $223. If the executor or administrator, fail to render an exhibit at the third term of the court, it shall be the duty of ure to render ac- the judge, to cause a citation to be issued, requiring him to appear and render it. count citation to issue. count by party [Forms No. 143, Appendix.] $224. Any person interested in the estate, may, at any Petition for ac- time before the final settlement of accounts, present his interested. petition to the probate judge, praying that the executor or administrator, be required to appear and render such exhibit, setting forth the facts, showing that it is necessary and proper that such an exhibit should be made. issued. [Form No. 142, Appendix.] § 225. If the judge be satisfied, either from the oath of Citation, when the applicant, or from any other testimony that may be of fered, that the facts alleged are true, and shall consider the showing of the applicant sufficient, he shall direct a citation to be issued to the executor or administrator, requiring him to appear at some day to be named in the citation, which shall be during a term of the court, and render an exhibit as prayed for. count. [Form No. 143, Appendix.] § 226. When an exhibit is rendered by an executor or administrator, any person interested may appear, and by obContesting ac- jections in writing, contest any account or statement therein Letters. When contained. The court may examine the executor or administrator, and if he has been guilty of negligence, or has wasted or embezzled, or mismanaged the estate, his letters shall be revoked. revoked. [Forms No. 141 and 145, Appendix.] 227. If any executor or administrator, neglect or refuse to appear and render an exhibit, after having been duly pear, etc., how cited, an attachment may be duly issued against him, or his letters may be revoked in the discretion of the court. Neglect to ap punished. Form No. 144, Appendix.] to be rendered at year. May be en ment. § 228. Every executor or administrator, shall render a full account of his administration, upon the expiration of Full account one year from the time of his appointment. If he fail to expiration of one present his account, it shall be the duty of the judge to forced by attachcompel the rendering of such account by attachment, and any person interested in the estate, may apply for, and obtain an attachment, but no attachment shall issue, unless a citation has been first issued and returned, requiring the executor or administrator, to appear and show cause why an attachment should not issue. [Forms No. 146 to 149, Appendix.] May be cited to piration of his § 229. Whenever the authority of an executor or administrator, shall cease, or be revoked for any reason, he may be account after excited to account before the probate court, at the instance of authority. the person succeeding to the administration of the same estate, in like manner as he might have been cited by any person interested in the estate, during the time he was executor or administrator. if account not 230. If the executor or administrator resides out of the county, or absconds or conceals himself, so that the citation Letters revoked cannot be personally served, and shall neglect to render an rendered, etc. account within thirty days after the time above prescribed, or if he shall neglect to render an account within thirty days after being committed where the attachment has been executed, his letters shall be revoked. [Form No. 150, Appendix.] Executor, etc., to produce vouch examined on oath § 231. In rendering his account, the executor or adminis- ers; and may be trator shall produce vouchers for all charges and expenses which he shall have paid, which vouchers shall be filed, and remain in the court; and he may be examined on oath, touching such payments, and also touching any property and effects, of the deceased, and the disposition thereof. [Forms No. 156 and 167, Appendix.] with Vouchers. § 232. On the settlement of his account, he may be allowed when dispensed any item of expenditure, not exceeding twenty dollars, for which no voucher is produced, if such item be supported by his own oath positive, to the fact of payment, specifying where, and to whom, the payment was made, and if such oath be uncontradicted; but such allowance in the whole, shall not exceed five hundred dollars for payment in behalf of any one estate, |