2009 Iowa Code
Title 15 - Judicial Branch and Judicial Procedures
Subtitle 4 - Probate - Fiduciaries
CHAPTER 633 - PROBATE CODE
633.394 - ORDER TO SELL, MORTGAGE, PLEDGE, EXCHANGE OR LEASE TO BE REFUSED IF BOND GIVEN.

        633.394  ORDER TO SELL, MORTGAGE, PLEDGE, EXCHANGE OR
      LEASE TO BE REFUSED IF BOND GIVEN.
         1.  Bond to prevent sale.  Any person interested in the estate
      may prevent a sale, mortgage, pledge, exchange or lease of the whole
      or any part of the real estate or personal property for any purpose,
      by giving bond to the satisfaction of the court, conditioned that the
      person will pay such demands against the estate as the court shall
      require, not to exceed the value of the property thus kept from sale,
      mortgage, pledge, exchange, or lease, as soon as called upon by the
      court for that purpose.
         2.  Breach of bond -- procedure.  If the conditions of such
      bond are broken, the property will be liable for the debts, unless it
      has passed into the hands of innocent purchasers, and the executor or
      administrator may take possession thereof and sell it under the
      direction of the court, or may prosecute the bond, or pursue both
      remedies at the same time, if the court so directs.
         3.  Effect of bond.  If the conditions of the bond are
      complied with, the property shall pass by devise, bequest,
      distribution, or descent in the same manner as though there had been
      no debts against the estate.  
         Section History: Early Form
         [C51, § 1351--1353; R60, § 2383--2385; C73, § 2396--2398; C97, §
      3328, 3329; C24, 27, 31, 35, 39, § 11941--11943; C46, 50, 54, 58,
      62, § 635.30--635.32; C66, 71, 73, 75, 77, 79, 81, § 633.394]
         Referred to in § 633.22

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