SECTION 13. Realty held in mortgage or on execution; disposition  


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  • If real estate so held by an executor or administrator in mortgage or on execution is not redeemed or sold as before provided, it shall be assigned and distributed to the same persons and in the same proportions as if it had been part of the personal property of the deceased; and if upon such distribution the property comes to two or more persons, the probate court may cause partition thereof to be made.