the persons claiming under them, in proportion to their respective rights in the premises sold.

Any securities which shall have been taken on the sale of any real estate, shall be delivered to the surrogate, and kept in his office. He shall collect the monies due thereon from time to time, and shall distribute and apply the same among the creditors, whose debts were established before him, in the same proportion as herein directed, respecting the monies arising on such sale.

The securities taken by any surrogate, on the investment of a principal sum at annual interest, to satisfy a dower claim, shall be kept in his office as part of his official papers, and be delivered to his successor; and it shall be the duty of the surrogate to collect such interest, and pay the same to the person

entitled thereto.

After the death of the person entitled to such interest, the principal sum so secured shall be collected, and after deducting the costs and charges of the surrogate in the management, collection and distribution thereof, the residue shall be distributed among the creditors of the deceased, who shall have established their debts previous to the original investment of such principal sum, in the same manner, and with the like effect, as herein provided, for the distribution of the proceeds of the sale of real estate.

If there be any surplus remaining after such distribution, it shall be divided among the heirs and devisees of the testator, or the heirs of the intestate, or the persons claiming under them, in proportion to their respective rights in the premises sold.

If, after the rendering of an account by an executor or administrator to a surrogate, as by law provided, it shall appear that there are not sufficient assets to pay the debts of the deceased, the surrogate upon the application of any creditor, made within three years after the granting of letters testamentary or of administration, shall grant an order to such executor or administrator, to show cause why he should not be re

quired to proceed and sell, or otherwise dispose of, the real estate of the deceased, for the payment of his debts.

Such order shall be served personally on the executor or administrator to whom it shall be directed, at least fourteen days, before the day therein appointed for showing cause.

If no cause to the contrary be shown, the surrogate shall order notice of such application to be served and published, in the same manner as herein before directed, on the application of an executor; and if at the day appointed in such notice, the surrogate be satisfied of the legality of the proceedings he may order such executor or administrator to mortgage, lease, or sell so much of the real estate of which the testator or intestate (died seized, as shall be sufficient for the payment of the debts established before him.

Upon such order being granted and served, the executor or administrator shall mortgage, lease or sell, as directed in such order, in the manner herein before directed, upon his own application; the like bond shall be executed, the like notice shall be given, and the same proceedings had in all respects, as are herein prescribed on the application of an executor, and the proceeds shall be returned to the surrogate in the like cases, and distribution shall be made in the like

manner.

If an executor or administrator shall refuse or neglect to serve and publish the notices above required, or to do any other act necessary to authorise an order for the mortgage, leasing or sale of the real property of the deceased, the surrogate may appoint a disinterested freeholder to perform the duties herein enjoined upon such executor or administrator, who shall proceed therein in the same manner as herein directed, in respect to such executor or administrator.

No suit shall be brought againt the heirs or devisees of any real estate, in order to charge them with the debts of the testator or intestate, within three years from the time of granting letters testamentary or of administration upon the estate of their testator or intestate; and if after the expiration of that time, such suit shall be brought, upon proof of an appli

cation having been made, before the expiration of that period, for an order of sale pursuant to the provisions of this title, such suit shall be stayed by the court in which it shall be pending, until the result of such application. And if an order for sale be granted, thereupon, such suit shall not be any further prosecuted, unless the plaintiff will allege that lands have descended to the heirs or been devised to the devisees, which were not included in any order of sale, in which case, a decree in such suit shall not charge, or in any way affect, any land, so ordered to be sold; and the plaintiff so proceeding in such suit, shall not be entitled to any share in the distribution of the monies arising on the sale, mortgage or leasing, of any premises, pursuant to such application.

But if the plaintiff in any such suit, shall elect to discontinue the same, after notice of an application having been made to a surrogate, according to the provisions of this title, he shall be entitled to distribution as other creditors, on establishing his claim.

Where by any last will a sale of real estate shall be ordered to be made, either for the payment of debts or legacies, the surrogate in whose office such will was proved, shall have power to cite the executors in such will named, to account for the proceeds of the sales, and to compel distribution thereof; and to make all necessary orders and decrees thereon, with the like power of enforcing them, as if the said proceeds had been originally personal property of the deceased, in the hands of an administrator.

The several surrogates shall record in books to be provided by them for that purpose, all orders and decrees by them made, upon any proceedings before them in relation to the sale of real estate, and shall file and preserve all papers, returns, vouchers and documents connected with such proceedings.

If the deceased, at the time of his death, was possessed of a contract for the purchase of land, his interest in such land and under such contract, may be sold on the application of his executor or administrator, or of any creditor, in the same

eases and in the same manner, as if he had died seized of such land; and the same proceedings may be had for that purpose, as are prescribed in this article in respect to lands of which he died seized.

Such sale shall be made subject to all payments, that may thereafter become due on such contract; and if there be any such payments thereafter, to become due, such sale shall not be confirmed by the surrogate, until the purchaser shall execute a bond to the executors or administrators of the deceased, for their benefit and indemnity, and for the benefit and indemnity of the persons entitled to the interest of the deceased in the lands so contracted for, in a penalty double the whole amount of payments thereafter to become due on such contract, with such sureties as the surrogate shall approve, conditioned that such purchaser will make all payments for such land, that shall become due after the date of such bond, and will fully and amply indemnify the executors or administrators of the deceased, as the case may be, and the person so entitled, against all demands, costs, charges and expenses, by reason of any covenant or agreement contained in such contract, or by reason of any other obligation or liability of the deceased, on account of the purchase of such lands, and against all other covenants and agreements of the deceased, to the vender of such land, in relation thereto.

But if there be no payments thereafter to become due on account of such contract, no bond shall be required of the purchaser.

When such bond shall be executed, in the cases where it is required, and in all cases where the sale shall be confirmed, the surrogate shall direct the executors or administrators of the deceased, to execute an assignment of such contract, to the purchaser; which assignment shall vest in such purchaser, his heirs and assigns, all the right, interest and title, of the persons entitled to the interest of the deceased, in the land sold, at the time of sale; and such purchaser shall have the same rights and remedies against the vender of such land, as the deceased would have had, if he had lived.

If in the judgment of the surrogate, a part of the land so contracted, may be sold advantageously to the interest of the estate of the deceased, and so that the purchase monies of such part, will satisfy and discharge all the payments to be made for such land, according to the contract, he may order such part only to be sold; and in that case, the purchaser shall not be required to execute any bond.

The monies arising from any such sale, shall be paid to the surrogate, and shall be disposed of by him, in the payment of the charges and expenses of such sale, and in satisfying any claim of dower which the widow of the deceased may have upon the lands so sold, in the manner herein before provided, in respect to the sale of lands, of which the deceased died seized.

But such claim of dower is hereby declared to extend only to the annual interest, during the life of the widow, upon onethird of the surplus of the monies arising from such sale, which shall remain, after paying all sums of money due from the deceased, at the time of such sale, for the land so contracted and sold.

The surrogate shall apply the residue of the monies arising from such sale, in the first instance, to the payment of all sums of money, then due from the deceased to the vender of the land so contracted, on account of such contract, and shall then proceed to distribute the balance among the creditors of the deceased, in the manner herein before provided; and if there be any surplus, after payment of debts and expenses, the same shall be distributed among the persons, who would have been entitled to the interest of the deceased in the land sold, if such sale had not been made, or the persons claiming under them, in proportion to their respective rights in the premises sold.

6th. The duties of the Surrogate in relation to guardians:

Every minor, of the age of fourteen years, may apply, by petition, to the surrogate of the county where the residence