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§58-419.
§58-419.
The order of sale must describe the lands to be sold and the terms of
sale, which may be for cash or may be for one-fourth (1/4) cash and
the balance on a credit not exceeding two (2) years, payable in gross
or installments within that time, with interest, as the court may
direct. The land may be sold in one parcel or in subdivisions, as the
executor or administrator shall judge most beneficial to the estate,
unless the court otherwise specially directs. If it appears that any
part of such real estate has been devised and not charged in such
devise with the payment of debts or legacies, the court must order the
remainder to be sold before that so devised. Every such sale must be
ordered to be made at a public auction, unless, in the opinion of the
court, it would benefit the estate to sell the whole or some part of
such real estate at private sale; the court may, if the same is asked
for in the petition, order or direct such real estate, or any part
thereof, to be sold either at public or private sale, as the executor
or administrator shall judge to be most beneficial to the estate. If
the executor or administrator neglects or refuses to make a sale under
the order as directed therein, he may be compelled to sell, by order
of the court, made on motion, after due notice, by any party
interested.
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