The Laws of Texas, 1822-1897 Volume 2 Page: 291
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Laws of the Republic of Texas.
117
cept in case of funeral expenses and those of the last sickness, and
costs of court, judgment, executions and mortgages, the oldest of
which shall be first paid, or in those cases when a creditor may
have a lien on any particular part of the estate.
Sec. 22. Be it further enacted, It shall not be lawful for any
executor or executors, administrator or administrators, guardian
or guardians to take the estate, or any part thereof of any intestate
or testator, or ward at the appraised value, or to dispose of the same
at private sale, except when the same is directed by the will of the
testator; but in all cases when it may be necessary to sell the whole,
or part of the estate of any testator or intestate, it shall be the
duty of the executor, administrator, or guardian to apply to the
probate court of the proper county for an order of sale, and sell
the same at public auction, and any sale made otherwise than herein
directed shall be null and void.
Sec. 23. Be it further enacted, All sales made by an executor
or executrix, administrator or administratrix, shall commence and
close at the hours required by law; but in case the day or days set
apart for such sale shall be insufficient to complete the sale of such
estate intended to be sold, the same may be continued from day to
day, by giving public notice thereof to the attending company at
the conclusion of the sale of each day of such continuance, which
continued sale shall commence and close within the hours prescribed
by law.
Sec. 24. Be it further enacted, Executors and administrators
within three months after their appointment, shall return to the
clerks office a full inventory of the estate, real and personal of the
deceased which has come to his knowledge or possession, and within
one month after the sale of any property of the estate, he shall
in like manner return an account thereof, and the said accounts of
sales shall be subscribed and sworn to by the executor or administrator,
in the same manner that inventories are required to be
sworn to and subscribed.
Sec. 25. Be it further enacted, The Chief Justice of the
probate court of the county in which said Justice resides, besides
presiding in the probate court in the term time, is empowered and
required to take, receive and audit all accounts of executors, administrators
and guardians, to receive will exhibited for probate,
applications for administration, inventories and appointments duly
made and sworn to, (to be recorded) to cause to be issued all
citations and other necessary process returnable to the next term
of said court, and the said Chief Justice after examining and auditing
said accounts, and causing them to be properly stated, shall
report the same for allowance'to the next term of the probate(291)
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Gammel, Hans Peter Mareus Neilsen. The Laws of Texas, 1822-1897 Volume 2, book, 1898; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth6726/m1/295/: accessed May 4, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; .