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Texas Laws | Probate Code
CHAPTER VIII. PROCEEDINGS DURING ADMINISTRATION
PART 5. SALES

If the sale is made partly on credit, the vendor's lien securing the purchase money note or notes shall be expressly retained in said deed, and in no event waived, and before actual delivery of said deed to purchaser, he shall execute and deliver to the representative of the estate a vendor's lien note or notes, with or without personal sureties as the court shall have ordered, and also a deed of trust or mortgage on the property as further security for the payment of said note or notes. Upon completion of the transaction, the personal representative shall promptly file or cause to be filed and recorded in the appropriate records in the county where the land is situated said deed of trust or mortgage. (2873)

Acts 1955, 54th Leg., p. 88, ch. 55, eff. Jan. 1, 1956. (2874)

Text of article effective until January 01, 2014 (2875)

Sec. 358. PENALTY FOR NEGLECT. Should the representative of an estate neglect to comply with the preceding Section, or to file the deed of trust securing such lien in the proper county, he and the sureties on his bond shall, after complaint and citation, be held liable for the use of the estate, for all damages resulting from such neglect, which damages may be recovered in any court of competent jurisdiction, and he may be removed by the court. (2876)(Text)

(2877)

Acts 1955, 54th Leg., p. 88, ch. 55, eff. Jan. 1, 1956. (2878)

PART 6. HIRING AND RENTING (2879)(Text)

Text of article effective until January 01, 2014 (2880)

Sec. 359. HIRING OR RENTING WITHOUT ORDER OF COURT. The personal representative of an estate may, without order of court, rent any of its real property or hire out any of its personal property, either at public auction or privately, as may be deemed in the best interest of the estate, for a period not to exceed one year. (2881)(Text)

(2882)

Acts 1955, 54th Leg., p. 88, ch. 55, eff. Jan. 1, 1956. (2883)

Text of article effective until January 01, 2014 (2884)

Sec. 360. LIABILITY OF PERSONAL REPRESENTATIVE. If property of the estate is hired or rented without an order of court, the personal representative shall be required to account to the estate for the reasonable value of the hire or rent of such property, to be ascertained by the court upon satisfactory evidence, upon sworn complaint of any person interested in the estate. (2885)(Text)

(2886)

Acts 1955, 54th Leg., p. 88, ch. 55, eff. Jan. 1, 1956. (2887)

Text of article effective until January 01, 2014 (2888)

Sec. 361. ORDER TO HIRE OR RENT. Representatives of estates, if they prefer, may, and, if the proposed rental period exceeds one year, shall, file a written application with the court setting forth the property sought to be hired or rented. (2889)(Text)

If the court finds that it would be to the interest of the estate, he shall grant the application and issue an order which shall describe the property to be hired or rented, state whether such hiring or renting shall be at public auction or privately, whether for cash or on credit, and, if on credit, the extent of same and the period for which the property may be rented. If to be hired or rented at public auction, the court shall also prescribe whether notice thereof shall be published or posted. (2890)

Acts 1955, 54th Leg., p. 88, ch. 55, eff. Jan. 1, 1956. (2891)

Text of article effective until January 01, 2014 (2892)

Sec. 362. PROCEDURE IN CASE OF NEGLECT TO RENT PROPERTY. Any person interested in an estate may file his written and sworn complaint in a court where such estate is pending, and cause the personal representative of such estate to be cited to appear and show cause why he did not hire or rent any property of the estate, and the court, upon hearing such complaint, shall make such order as seems for the best interest of the estate. (2893)(Text)

(2894)

Acts 1955, 54th Leg., p. 88, ch. 55, eff. Jan. 1, 1956. (2895)

Text of article effective until January 01, 2014 (2896)

Sec. 363. WHEN PROPERTY IS HIRED OR RENTED ON CREDIT. When property is hired or rented on credit, possession thereof shall not be delivered until the hirer or renter has executed and delivered to the representative of the estate a note with good personal security for the amount of such hire or rent; and, if any such property so hired or rented is delivered without receiving such security, the representative and the sureties on his bond shall be liable for the full amount of such hire or rent; provided, that when the hire or rental is payable in installments, in advance of the period of time to which they relate, this Section shall not apply. (2897)(Text)

(2898)

Acts 1955, 54th Leg., p. 88, ch. 55, eff. Jan. 1, 1956. (2899)

Text of article effective until January 01, 2014 (2900)

Sec. 364. PROPERTY HIRED OR RENTED TO BE RETURNED IN GOOD CONDITION. All property hired or rented, with or without an order of court, shall be returned to the possession of the estate in as good condition, reasonable wear and tear excepted, as when hired or rented, and it shall be the duty and responsibility of the representative of the estate to see that this is done, to report to the court any loss, damage or destruction of property hired or rented, and to ask for authority to take such action as is necessary; failing so to do, he and the sureties on his bond shall be liable to the estate for any loss or damage suffered through such fault. (2901)(Text)

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