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§58-391.1.
§58-391.1.
Notice of the sale of personal property at public auction shall be
published one time at least ten (10) days prior to said sale, and a
copy of the notice of said sale shall be mailed to all heirs, legatees
and devisees whose addresses are known at least ten (10) days prior to
said sale. Said notice shall contain a brief description of the
personal property to be sold and the time and place of the sale.
Public auction of such personal property shall be made either at the
courthouse door, at the site of the personal property, at the
residence of the decedent, or at some other public place, but no sale
shall be made of any personal property which is not present at the
time of the sale unless the court otherwise orders. The executor or
administrator, after making a sale of personal property at public
auction shall, except as provided in Section 387 of this title, file a
sworn return of his proceedings in the court. The court shall fix the
date for hearing such return and notice of said hearing shall be
published one time at least ten (10) days prior to said hearing in the
newspaper in the county and a copy of said notice shall be mailed to
all heirs, legatees and devisees of the decedent whose addresses are
known at least ten (10) days prior to said hearing. Said notice shall
briefly describe the property sold, the sum for which it was sold, the
name of the purchaser and shall refer to the return for further
particulars. Upon hearing, the court shall examine the return and
witnesses in relation to the same and on proper showing the court
shall approve the sale. If such sale proceedings were unfair, or the
sum bid disproportionate to the value of said personal property, the
court shall vacate the sale and direct another to be had for which
public notice must be given and the sale in all respects conducted as
if no previous sale had taken place.
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