Hand book of Practice in the Probate Courts of the State of Maine. Containing Notes On the Execution And Probate of Wills, Duties of Executors, Administrators, Guardians And Trustees: Also Full Forms of Petitions, Orders And Decrees, With References to Th

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Fruit not severed, and grass uncut prior to the death, go to the heir. There is, however, a class of property the precise status of which it is somewhat difficult to fix, such as manure, machinery in mills, gas fittings, stoves, furnaces, carpets, chandeliers, temporary windows, cider mills, &c., &c. The circumstances surrounding each case, will usually determine whether the property should be treated as personal or real estate. If doubt exists, the numerous common law works on this subject can
... be readily consulted.
Collection of Effects. The first duty of the executor or admin- istrator after giving notice of his appointment, is to make an examination of the property left by the deceased, to ascertain its kind, amount and situation, what part thereof goes to the heirs, what to the executor or administrator, to collect the latter together and take measures for its safe preservation. He may insure any property which may be assets in his hands.^ Personal property situated in another state, if there are no creditors therein, may be sold there, and debts due therein may be collected and valid discharges given therefor, if paid voluntarily, without taking out new letters of administration, and the proceeds accounted for here, or such property may be removed to this state and here administered ; but if there are creditors in such other state, they have a right to require that the property therein shall be administered there unless their debts are paid.' If any goods, effects, notes, bonds, accounts or other personal property shall have been sold, consumed, converted, concealed 6r embezzled, after the death of the person and prior to the appoint- 1 R.


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