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An Act concerning estates of deceased persons. 1854-1855 158 (1854)

handle is hein.slavery/ssactsar0124 and id is 1 raw text is: 158 AN ACT concerning estates of deceased persons. SECTION SECTION 1. Probate court, when it is to the inter- 3. Probate court, when it is to the interest est of the estate, may keep it together of the estate, may sell the whole or and work it, but not to prolong the any portion of the property belong- time of detaining it from the heirs. ing to it. Terms of sale to be fixed, 2. When an estate is solvent probate and ample security required from court to make allowance for minor purchaser. children, the amount of which, upon 4. This act to apply to administrators now final settlement, is to be deducted I existing, and to take effect from pas- from the distributive portions of such sage. minors. SECTION 1. Be it enacted by the General Assembly of the State of Arkansas, That whenever it shall be made to appear to the sa- tisfaction of the court of probate of the proper county, by the petition of the executor or administrator of an estate, supported by the testimony of two credible witnesses, that the interest of such estate would be promoted by keeping together the personal property belonging to the estate, and working the slaves and stock, or by continuing the cultivation of the plantation or planta- tions of which his testator or intestate died seized and posses- sed, with the slaves, and stpck belonging to such estate; then and in such case, it may be lawful for the court to order such executor or administrator, if not otherwise directed by will, so to keep together such personal property, and to work such slaves and stock, or to continue the cultivation of such plantation or plantations, with such slaves and stock, for the benefit of such estate, as the case may be; Provided, That nothing herein con- tained shall be construed to prolong the time during which such executor or administrator may detain the estate from the heirs, legatees, distributees or their guardians. SEC. 2. Be it further enacted, That in any case where a person dying intestate, leaves one or more minor children, it shall be the duty of the court of probate, upon the application of the guardian of such minor, should the estate be evidently solvent, to make such allowance from time to time for the maintenance and education of such minor, as the court may deem necessary and proper; and the court shall order and direct the administra- tor or executor to pay the same to the guardian; the amount of which allowance so paid to the guardian, shall, upon a final set- tlement of the administration and distribution of the estate, be charged against such minor anid be deducted from his share or distributive portion of the estate. SEC. 3. Be it further enacted, That whenever it shall be made to appear to the satisfaction of the court of probate of the pro- per county, by the petition of the executor or administrator, and that of the heirs and distributees of the estate of any intestate or testator, together with the petition of the guardian of such of the heirs or distributees as may be minors, supported by the tes- timony of two credible witnesses, that it would promote the in- terest of such estate to sell the lands and slaves thereunto be-

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