[Previous] [Next]
§58-391.2.
§58-391.2.
Notice of the sale of personal property at private sale 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 shall set a date on or after which
the sale will be made and the place where offers or bids will be
received. The executor or administrator after making a sale of
personal property at private sale 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, 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.
[Previous] [Next]