Handbook On the Law of Executors And Administrators

Cover Handbook On the Law of Executors And Administrators
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13.
18 Stevens v. Gaylord, 11 Mass. 269; Bull's Appeal, 24 Pa. St. 286; Klngan's § 175) CHARGES IN ACCODNT. 407 found belonging to the estate, not included in the first inventory.
In other states such property is included in the accounts only.^" In either case the executor or administrator is chargeable with the whole personal estate, whether included in the inventories or not.^° The real estate of the deceased does not .in most states enter into the accounts of an administrator; but, if either
... he or an executor has sold or mortgaged the real estate in the course of administra- tion to pay debts, he must account for the proceeds." He may reimburse himself out of such^proceeds for any debts of the de- ceased which he may have lawfully paid from his own funds.^^ If he is directed by the will to sell and convey away the testator's land, he will be allowed for taxes paid to facilitate the sale, though assessed after the testator's death.^^ The income or rents of real estate do not generally form a part of an administrator's accounts.^* So, where a widow has collected rents and leased properties of her husband's estate, she cannot be required to account for them as ex- ecutrix.^^ But there are sometimes cases where he is, by statute, allowed to occupy the real estate or receive the profits of it by consent of the heirs, for the benefit of the estate, or by reason of some interest under a will, and he then accounts for such income as part of his administration account.^ ° Interest is not charged as a matter of course on all sums in the hands of the executor or administrator, but only when the circum- Appeal, 24 Pittsb.

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