This section is from the book "Popular Law Library Vol10 Criminal Law, Criminal Procedure, Wills, Administration", by Albert H. Putney. Also available from Amazon: Popular Law-Dictionary.
The application is docketed as other causes. The petition may be heard, or continued, in like manner as in cases in chancery. The court is authorized to fix the terms and conditions of the sale and may direct that the sale be had free from all liens, claims or incumbrances, as it shall deem reasonable.10 If there are any persons interested in the real estate, who are minors, they and their guardians are named defendants therein; if they have none, a guardian ad litem must be appointed by the court. His compensation is fixed and taxed as costs in the proceeding. Upon the hearing of the cause upon the issues, the court hears the allegations and proofs of the parties and of all other persons interested in the estate. And after examination, if the court shall find that the statutes have been in all respects complied with, that the personal estate of the defendant is not sufficient to pay the debts, and that the deficiency amounts to such sum as shall be determined from the evidence, it is then the duty of the court to direct the sale of so much of the real estate, described in the petition, as will be necessary to satisfy such deficiency, together with the costs and attorney's fees, and so forth. The findings of the decree upon all material matters cannot be attacked collaterally by the heirs in any future proceedings.11
 
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