whether she will take the amount thereof in money, or she may take a part in property and a part in money, as she may prefer; and in all such cases it shall be the duty of the executor or administrator to notify the widow as soon as such appraisement shall be made, and to set apart to her such article or articles of property, not exceeding the amount to which she may be entitled, and as she may prefer or select, within thirty days after written application shall be made for that purpose by such widow. And if any such executor or administrator shall neglect or refuse to comply with the above requisition, when application shall be made for that purpose, he shall forfeit and pay for the use of such widow the sum of twenty dollars per month for each month's delay to set apart said property so selected, after the said term of thirty days shall have elapsed, to be recovered in the name of the People of the State of Illinois, for the use of such widow, in any court having jurisdiction of the same. When there is not property of the estate, of the kinds mationed in the preceding section, the appraisers may award the widow a gross sum in lieu thereof, except for family pictures, jewels and ornaments. [See § 59. L. 1847, p. 168, § 3; R. S. 1845, p. 555, § 88; p. 546, § 49.

76. RIGHT TO AWARD NOT AFFECTED BY RENUNCIATION, ETC.] § 76. The right of a widow to her award shall in no case be affected by her renouncing or failing to renounce the benefit of the provisions made for her in the will of her husband, or otherwise. [R. S. 1845, p. 546, § 50.

77. ALLOWANCE TO CHILDREN.] § 77. When the person dying is at the time of his death a housekeeper, the head of a family, and leaves no widow, there shall be allowed to the children of the deceased, residing with him at the time of his death, (including all males under eighteen years of age, and all females,) the same amount of property as is allowed to the widow by this act. [L. 1845, p. 598, § 4.

Note. § 78, repealed. See "Dower," ch. 41, § 10, 13, 47.

78. EQUALIZING LEGACIES, ETC., ON RENUNCIATION.] § 79. In all cases where a widow or surviving husband shall renounce all benefit under the will, and the legacies and bequests therein contained, to other persons, shall, in consequence thereof, become diminished or increased in amount, quantity or value, it shall be the duty of the court, upon settlement of such estate, to abate from or add to such legacies and bequests in such manner as to equalize the loss sustained or advantage derived thereby, in a corresponding ratio to the several amounts of such legacies and bequests, according to the amount or intrinsic value of each. [R. S. 1845, p. 545, § 44.

79. WHO LIABLE FOR WASTE.] § 80. If the widow commits waste in the lands and tenements, or the personal estate of the deceased, she shall be liable to an action by the heir or devisee, or his or her guardian, if of real estate, or by the executor or administrator if of personal estate; and if she marry a subsequent husband, he shall be answerable with her, in damages, for any waste com mitted by her or by the husband himself, after such marriage. [R. S. 1845, p. 545, § 45.

COLLECTION AND DISPOSITION OF ASSETS.

80. CONCEALED, ETC., GOODS, ETC.-DISCLOSURE, ETC.] § 81. If any executor or administrator, or other person interested in any estate, shall state upon oath, to any county court, that he believes that any person has in [his] possession, or has concealed or embezzled, any goods, chattels, moneys or effects, books of account, papers or any evidences of debt whatever, or titles to lands belonging to any deceased person; or that he believes that any person has any knowledge or information of or concerning any indebtedness or evidences of indebtedness, or property titles or effects, belonging to any deceased person, which knowledge or information is necessary to the recovery of the same, by suit or otherwise, by the executor or administrator, of which the executor or administrator is ignorant, and that such person refuses to give to the executor or administrator such knowledge or information, the court shall require such person to appear before it by citation, and may examine him on oath, and hear the testimony of such executor

or administrator, and other evidence offered by either party, and make such order in the premises as the case may require. [As amended by act approved and in force March 19, 1873. R. S. 1845, p. 556, § 90.

81. REFUSAL TO ANSWER, ETC.—COMMITMENT.] § 82. If such person refuses to answer such proper interrogatories as may be propounded to him, or refuses to deliver up such property or effects, or in case the same has been converted, the proceeds or value thereof, upon a requisition being made for that purpose by an order of the said court, such court may commit such person to jail until he shall comply with the order of the court therein. [R. S. 1845, p. 556, § 90.

82. DESPERATE CLAIMS.] § 83. Upon suggestion made by an executor or administrator to the county court, that any claim, debt or demand whatever belonging to the estate in his hands to be administered, and accruing in the lifetime of the decedent, is desperate on account of the insolvency or doubtful solvency of the person or persons owing the same, or on account of the debtor having availed himself of the bankrupt law of the United States, or on account of some legal or equitable defense which such person or persons may allege against the same, or for the cause that the smallness of such claim, debt or demand, and the difficulty of finding the debtors, owing to the remoteness of their residence, or such executor's or administrator's ignorance of the same, the said court may order such claim, debt or demand to be compounded or sold, or to be filed in the said court for the benefit of such of the heirs, devisees or creditors of such decedent as will sue for and recover the same, giving the creditors the preference, if they or any of them apply for the same before the final settlement of such estate: Provided, that no order for the sale or compounding of any such debts, claims or demands, or any of them, shall be made until two weeks' public notice shall have been given, to all whom it may concern, of the time and place when the said order will be applied for-which notice shall be given by the administrator or executor, in a newspaper published in the county where such application is to be made, or if no such newspaper is published in such county, then by posting up such notices in not less than three public places in the county, of which one shall be at the office of the clerk of the county court-which notice shall be so posted at least two weeks previous to the time of said application. The executor or administrator shall report to the said county court, for its approval, the terms upon which he has settled or disposed of any such claim, debt or demand. [L. 1845, p. 595, §1. 83. AVAILS OF DESPERATE CLAIMS.] 884. And if such claim is compounded or sold, such executor or administrator shall be chargeable with the avails of such compounding, and if the same is taken by any of the creditors, heirs or devisees, he or they may maintain an action for the recovery thereof, in the name of such executor or administrator, for the use hereinafter mentioned; and upon recovering the same, or any part thereof, he or they shall be chargeable therewith, after deducting his claim or distributive share, with reasonable compensation for collecting the same; and upon such suits the executor or administrator shall not be liable for costs. [L. 1845, p. 595, § 2.

84. COURT MAY ORDER CERTAIN CLAIMS COMPOUNDED.] § 85. The county court may order claims, debts and demands, due at so remote a period as to prevent their collection within the time required for the final settlement of estates, and the collection or disposition of which is necessary to the payment of the debts against the estate, to be compounded or sold in the same manner and upon like conditions as though such claims, debts or demands were desperate or doubtful: Provided, that no such claim, debt or demand shall be sold or compounded for less than ten per cent. below the value thereof. [L. 1851, p. 188, § 1.

85. REMOVAL OF PROPERTY BY EXECUTOR, ETC.—PENALTY. § 86. No executor or administrator shall, without the order of the court, remove any property wherewith he is charged, by virtue of his letters, beyond the limits of this state. And in case any such executor or administrator shall remove such property without such order, the court shall, on notice, forthwith revoke his letters and appoint a successor, and cause a suit to be instituted on his bond against him and his security, for the use of the person interested in the estate; and if it shall appear,

upon the trial of such cause, that the executor or administrator has so removed such property, judgment shall be rendered against the offender and his securities. for the full value thereof, and such other damages as the parties interested may have sustained by reason thereof. [R. S. 1845, p. 556, § 94.

PARTNERSHIP ESTATE.

86. DUTY OF SURVIVING PARTNER.] § 87. In case of the death of one partner, the surviving partner or partners shall proceed to make a full, true and complete inventory of the estate of the co-partnership within his knowledge; and shall also make a full, true and complete list of all the liabilities thereof at the time of the death of the deceased partner. He or they shall cause the said estate to be appraised in like manner as the individual property of a deceased person. [See "Limited Partnership," ch. 84, § 4, 13, 14. L. 1869, p. 300, § 1.

87. RETURN OF INVENTORY, ETC.] § 88. He or they shall return, under oath, such inventory, list of liabilities and appraisement, within sixty days after the death of the co-partner, to the county court of the county of which the deceased was a resident or carried on the partnership business at the time of his death; if the deceased shall have been a non-resident, then such return shall be made to the county court granting administration upon the effects of the deceased. Upon neglect or refusal to make such return, he shall, after citation, be liable to attachment. [L. 1869, p. 301, § 2.

88. RIGHTS OF SURVIVING PARTNER-ACCOUNT.] § 89. Such surviving partner or partners shall have the right to continue in possession of the effects of the partnership, pay its debts out of the same, and settle its business, but shall proceed thereto without delay, and shall account with the executor or administrator, and pay over such balances as may, from time to time, be payable to him in the right of his testator or intestate. Upon the application of the executor or administrator, the county court may, whenever it may appear necessary, order such surviving partner to render an account to said county court, and in case of neglect or refusal may, after citation, compel the rendition of such account by attachment. [L. 1869, p. 301, § 3.

89. WASTE-CITATION-SECURITY-COSTS.] § 90. Upon the committal of waste by the surviving partner or partners, the court may, upon proper application, under oath, setting forth specifically the facts and circumstances relied on, protect the estate of the deceased partner, by citing forthwith the surviving partner or partners to give security for the faithful settlement of the affairs of the co-partnership, and for his accounting for and paying over to the executor or administrator of the deceased whatever shall be found to be due, after paying partnership debts and costs of settlement, within such time as shall be fixed by the court. The giving of such security may be enforced by attachment, or, upon refusal to give such security, the court may appoint a receiver of the partnership property and effects, with like powers and duties of receivers in courts of chancery; the costs of proceedings under this section to be paid by the executor or administrator, out of the estate of the deceased or [by the] surviving partner, or partly by each, as the court may order. [L. 1869, p. 301, § 4.

SALE OF PERSONAL PROPERTY.

90. PUBLIC SALE-NOTICE-PRIVATE SALE.] § 91. When it is necessary for the proper administration of the estate, the executor or administrator shall, as soon as convenient, after making the inventory and appraisement, sell at public sale all the personal property, goods and chattels of the decedent, when ordered to do so by the county court, (not reserved to the widow, or included in specific legacies and bequests, when the sale of such legacies and bequests is not necessary to pay debts,) upon giving three weeks' notice of the time and place of such sale, by at least four advertisements, set up in the most public places in the county where the sale is to be made, or by inserting an advertisement in some newspaper published in the county where the sale is to be made, at least four

weeks successively, previous thereto. The sale may be upon a credit of not less than six nor more than twelve months time, by taking note with good security of the purchasers at such sale. The sale may be for all cash, or part cash and part on time: Provided, that any part or all of such personal property may, where so directed by the court, be sold at private sale. [As amended by act approved February 9, 1874. See "Dower," ch. 41, § 44. R. S. 1845, p. 557, § 96.

91. DISTRIBUTION IN KIND.] § 92. If any testator directs that his estate shall not be sold, the same shall be preserved in kind, and distributed accordingly, unless such sale becomes absolutely necessary for the payment of the debts and charges against the estate of such testator. [R. S. 1845, p. 557, § 96.

92. DISTRIBUTION IN KIND.] § 93. If the sale of the personal property is not necessary for the payment of debts or legacies, or the proper distribution of the effects of the estate, the court may order that the property be preserved and distributed in kind.

93. GROWING CROPS.] § 94. If any executor or administrator is of opinion that it would be of advantage to the estate of the decedent to dispose of the crop growing, and not devised at the time of his decease, the same shall be inventoried, appraised and sold, in like manner as other personal property; but the executor or administrator may, if he believes it would be of more advantage to the estate, cultivate such crop to maturity, and the proceeds of such crop, after deducting all necessary expenses for cultivating, gathering and making sale of the same, shall be assets in his hands, and subject to the payment of debts and legacies, and to distribution as aforesaid. [R. S. 1845, p. 557, § 97.

94. CLERK-CRIER.] $95. In all public sales of such property, the executor or administrator may employ necessary clerks and a crier, who shall be allowed such compensation, not exceeding three dollars per day, as the court may deem reasonable, to be paid by such executor or administrator, and charged to the estate.

TIME OF SALE.] All such sales shall be made between the hours of ten o'clock in the forenoon and five o'clock in the afternoon of each day; and any sale made before or after the time herein limited, shall be voidable at the instance of heirs, devisees or creditors prejudiced thereby. [R. S. 1845, p. 557, § 98.

95. BILL OF SALES--RETURN.] § 96. All executors and administrators sball, immediately after making such sales, make, or cause to be made, a bill of the sales of said estate, under oath, describing particularly each article of property sold, to whom sold, and at what price; which sale bill, when thus made and certified by the clerk of such sale and the crier thereof, if any such was employed, as true and correct, shall be returned into the office of the clerk of the county court in the like time as is required in cases of inventories and appraisements. [R. S. 1845, p. 557, § 99.

SALE OF REAL ESTATE.

96. PURSUANT TO WILL-SURVIVING EXECUTOR.] § 97. In all cases, where power is given in any will to sell and dispose of any real estate, or interest therein, and the same is sold and disposed of in the manner and by the persons appointed in such will, the sales shall be good and valid; and where one or more executors shall fail or refuse to qualify, or depart this life before such sales are made, the survivor or survivors shall have the same power and their sales shall be as good and valid as if they all joined in such sales. [R. S. 1845, p. 556, § 93. 97. TO PAY DEBTS.] § 98. When the executor or administrator has made a just and true account of the personal estate and debts to the county court, and it is ascertained that the personal estate of a decedent is insufficient to pay the just claims against his estate, and there is real estate to which such decedent had claim or title, such real estate, or such portion as may be necessary to satisfy the indebtedness of such decedent, and the expenses of administration, may be sold in the manner herein provided. [See § 129. L. 1857, p. 138, § 1.

98. PETITION-PARTIES.] § 99. The mode of commencing the proceedings for the sale of real estate in such cases shall be by the filing of a petition by the executor or administrator, in the county court of the county where letters testamentary or administration were issued. The widow, heirs and devisees of the testator or intestate, and the guardians of any such as are minors, and the conservators of such as have conservators, and the actual occupants of the premises, where the same or any part thereof are occupied, shall be made parties defendant. If there are persons interested in the premises whose names are not known, then they shall be made parties by the name of unknown owners. [L. 1857, p. 138, § 2.

99. FORM OF PETITION.] § 100. The petition shall set forth the facts and cir cumstances on which the petition is founded, in which shall be stated the amount of claims allowed, with an estimate of the amount of just claims to be presented, and it shall also contain the amount of personal estate which has come to his hands, and the manner in which he has disposed of the same, with a statement of the amount of claims paid. The petition shall be signed by the executor or administrator, and verified by his affidavit, and shall be filed at least ten days before the commencement of the term of court at which the application shall be made.

100. PRACTICE.] § 101. Such application shall be docketed as other causes, and the petition may be amended, heard or continued for notice, or for other cause. The practice in such cases shall be the same as in cases in chancery. [L. 1857, p. 139, § 7.

101. SUMMONS-WHEN RETURNABLE.] $ 102. Upon the filing of the petition, the clerk of the court where the same may be filed shall issue a summons, directed to the sheriff of the county in which the defendant resides, if the defendant is a resident of this state, requiring him to appear and answer the petition on the return day of the summons; and where there are several defendants, residing in different counties, a separate summons shall be issued to each county, including all the defendants residing therein. Every summons shall be made returnable to the first term of the county court after the date thereof, unless the petition is filed within ten days immediately preceding any term, in which case the summons shall be returnable to the next term thereafter. [L. 1857, p. 138, ye 3. 102. SERVICE OF SUMMONS.] § 103. The service of summons shall be made by reading thereof to the defendant, or leaving a copy thereof at the usual place of abode, with some member of the family of the age of ten years and upwards, and informing such person of the contents thereof, which service shall be at least ten days before the return of such summons. [L. 1857, p. 138, § 4.

103. NOTICE BY PUBLICATION AND MAIL.] § 104. Whenever any petitioner or his attorney shall file, in the office of the clerk of the court in which his petition is pending, an affidavit showing that any defendant resides or hath gone out of this state, or on due inquiry cannot be found, or is concealed within this state, so that process cannot be served upon him, and stating the place of residence of such defendant, if known, or that, upon diligent inquiry, his place of residence cannot be ascertained, the clerk shall cause publication to be made in some newspaper printed in his county, and if there is no newspaper published in his county, then in the nearest newspaper published in this state, containing notice of the filing of the petition, the names of the parties thereto, the title of the court, and the time and place of the return of summons in the case, and a description of the premises described in the petition; and he shall also, within ten days of the first publication of such notice, send a copy thereof by mail, addressed to such defendant whose place of residence is stated in such affidavit. The certificate of the clerk that he has sent such notice in pursuance of this section, shall be evidence. L. 1857, p. 138, § 5.

104. FURTHER OF NOTICE-DEFAULT.] § 105. The notice required in the preceding section may be given at any time after the filing of the petition, and shall be published at least once in each week for four successive weeks, and no default or proceeding shall be taken against any defendant not served with