§ 33-9-14. Authority of executor or administrator to borrow.
Whenever it shall for any reason appear to be desirable for an executor or administrator
to borrow money, the superior court, upon bill or petition in equity filed by the
executor or administrator, may authorize the executor or administrator to borrow,
for any one or more of the purposes specified in § 33-9-15, such sum or sums, for such period or periods of time, and upon such terms and conditions
as the court shall deem advisable, and the court may authorize the executor or administrator
to mortgage, pledge, or otherwise subject to lien, as security for the repayment of
the money borrowe
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§ 33-9-14. Authority of executor or administrator to borrow.
Whenever it shall for any reason appear to be desirable for an executor or administrator
to borrow money, the superior court, upon bill or petition in equity filed by the
executor or administrator, may authorize the executor or administrator to borrow,
for any one or more of the purposes specified in § 33-9-15, such sum or sums, for such period or periods of time, and upon such terms and conditions
as the court shall deem advisable, and the court may authorize the executor or administrator
to mortgage, pledge, or otherwise subject to lien, as security for the repayment of
the money borrowed, the whole or any part or parts of the personal estate in his hands;
provided, however, that property specifically bequeathed shall not be mortgaged, pledged,
or otherwise subjected to lien so long as there remains personal property not specifically
bequeathed which may be so mortgaged, pledged, or otherwise subjected to lien. For
the purpose of exercising any powers so granted, an executor or administrator may
execute such promissory notes, bonds, mortgages, deeds of trust or other instruments,
containing such powers of sale, conditions, covenants or other provisions, as may
be necessary or proper in the circumstances. In granting this authority, the court
may impose such conditions or restrictions and give such directions as it may deem
advisable; and the court may either direct that particular property may be so mortgaged
or pledged, or may authorize the executor or administrator to mortgage or pledge the
whole or such part or parts of the personal estate in his or her hands as he or she
may in his or her discretion deem advisable, subject, however, to the provisions in
regard to property specifically bequeathed.