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§58-263.
§58-263.
The executor or administrator shall have the power, where authorized
by order of the district court, to take charge of, conduct and
continue any going business, enterprise or manufactory of a deceased
person, when the same has not been disposed of by will, and where it
is not necessary that the same be sold at once for the payment of
debts; and shall have the right to borrow money and incur indebtedness
in the conduct, or continuation of such business. Before such
business, manufactory or enterprise shall be continued, the executor
or administrator shall take into consideration the condition of the
estate and the necessity that may exist for the future sale of said
property for the payment of claims or legacies; and the time for
conducting such enterprise, business or manufactory shall not extend
the time beyond what may be considered by the court a reasonable time
for the settlement of the estate of the deceased; provided, however,
that before any executor or administrator shall continue such
enterprise, business or manufactory, or incur any indebtedness in the
conduct of such enterprise, business or manufactory, he shall first
present to the district court a petition showing that it is to the
best interest of the estate of the decedent that such enterprise,
business or manufactory be continued, and the continuation of such
business, enterprise or manufactory must first be approved by the
judge of the district court having jurisdiction of the settlement of
the estate of the deceased.
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