(§ 3320.)

Section 135.— Decree not granted if Bond be Given.
Section 2765 was entirely changed by the recent amend-
ments (1904 ch, 750), and hereby an altogether new feature
has been introduced. It is as follows:

" Sale to be refused if bond be given. — A decree empower-
ing an executor or administrator to mortgage, lease or sell.
Ch. IX, § 136] THE DECREE. 227

shall not be granted if any of the persons interested in the
estate give bonds to the surrogate in such sum and with such
sureties as he directs and approves, with condition to pay all
the debts, legacies and expenses of administration so far as
the goods, chattels, rights and credits of the deceased are
insufficient therefor, within such time as the surrogate may
direct." (§ 2765.)

This is a queer provision. Why should the bond be con-
ditioned " to pay all the debts, legacies and expenses of
administration " etc. when its only purpose is to pre-
vent a sale of the decedent's real property " for the pay-
ment of his debts and funeral expenses, or for the pay-
ment of judgment liens existing thereon at his death " ?
In its present form it is doubtful whether the section will
be of any use whatsoever; but, it might be otherwise, if it
provided for a bond conditioned only upon the payment of
the decedent's " debts and funeral expenses " and " judg-
ment liens '■ existing on the property at his death, together
with the costs and expenses of the special proceeding as
allowed by the surrogate.
