§ 1741 - Parties to pay cost of partition, when
§ 1741. Parties to pay cost of partition, when
If there are no effects in the hands of the executor or administrator which may be lawfully applied to that purpose, the expenses and charges of partition, being ascertained in the probate court, shall be paid by the parties interested in the partition in proportion to their respective shares or interests in the premises and the proportions shall be settled and allowed by the probate court. If a person interested in the partition does not pay his proportion or share, the court may issue an execution for the sum assessed, in the name of the executor or administrator against the party not paying, returnable in sixty days from the date thereof.