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§58-963.
§58-963.
On the date fixed in the notice in the last preceding section, if a
proposed lease, or leases, shall have been presented to the
administrator, administrator with will annexed, executor, or guardian
which shall meet with the approval of said administrator,
administrator with will annexed, executor or guardian he shall present
the same to the district court administering the estate of said
decedent or minor or incompetent person, and on said date the district
court shall review the said proposed lease or leases which shall have
been approved by said administrator, administrator with will annexed,
executor or guardian, and any objections interposed thereto, and shall
ascertain whether it shall be to the best interest of the estate of
said deceased person, minor or incompetent to enter into said proposed
lease, or any of said proposed leases, and, if it shall be to the best
interest of the estate of said deceased person, minor or incompetent
person shall approve that one which shall in the opinion of said
district court be most advantageous to the estate of said deceased
person, or minor or incompetent person. The court shall direct the
administrator, administrator with will annexed, executor or guardian
to execute the lease upon there being furnished to him a bond,
conditioned for faithful performance of said lease by the lessee, in a
sum equal to one-fifth (1/5) of the total rental to be paid under said
lease, or the rental for two (2) years, or the value of the
improvements agreed to be placed upon said leased property by the
lessee, whichever is the greater. In case said lease shall not have a
definite sum upon which to base such percentage the district court
shall estimate the amount of the prospective rental for the lease
period and fix the bond accordingly.
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