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2113.21 Powers of executors, administrators, and testamentary trustees during a will contest.

2113.21 Powers of executors, administrators, and testamentary trustees during a will contest.

When a will is contested, the executor, the administrator de bonis non, with the will annexed, or the testamentary trustee may, during the contest, do the following:

(A) Control all the real estate which is included in the will but not specifically devised and all the personal estate of the testator not administered before such contest;

(B) Collect the debts and convert all assets into money, except those which are specially bequeathed;

(C) Pay all taxes on such real and personal property and all debts;

(D) Repair buildings and make other improvements if necessary to preserve the real property from waste;

(E) Insure such buildings upon an order first obtained from the probate court having jurisdiction of such executor, administrator, or testamentary trustee;

(F) Advance or borrow money on the credit of such estate for such repairs, taxes, and insurance which shall be a charge thereon;

(G) Receive and receipt for a distributive share of an estate or trust to which such testator would have been entitled, if living.

The court may require such additional bonds as from time to time seems proper.

Effective Date: 10-01-1953

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