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upon a return of “summoned," or two returns of " non est,” if the party fail to appear, or, appearing, fail to show cause for his neglect, his administration may be revoked.
Sec. 10. Any one administrator may, upon the neglect of his coadministrator, return such inventory, and thenceforth the co-administrator shall cease to have any part in the administration, unless, within two months from such return, he shall assign to the court satisfactory excuse for his neglect.
Sec. 11. When an inventory has been returned by a collector, an administrator may, in his discretion, either return a new inventory, or, by an acknowledgment of his purpose, in writing, to be filed in the register of wills' office, adopt the inventory of the collector.
Sec. 12. Whenever personal property of the decedent, not mentioned in an inventory already returned, shall come to the possession or knowledge of an administrator, an inventory of the same shall be returned within one month from the discovery thereof, appraised by two disinterested sworn appraisers, appointed as herein before provided; and the making and return of such inventory shall be enforced in the same manner as provided with respect to the first inventory.
Sec. 13. The following articles shall be exempt from appraisement, and be omitted in making the inventory, to wit:
First. All property not liable to have been taken at law, in the lifetime of the deceased, on an execution against him.
Second. All articles of apparel or ornament of the widow suitable to the station and estate of her husband; and also all the apparel of the minor children, if there be any.
Third. When the decedent shall leave a child, grandchild, or widow, his wearing apparel, not to include jewelry of any kind, shall be exempt from appraisement, and shall belong first to such child, and if no child, then to the grandchild, and if there be neither child nor grandchild, then to the widow of the decedent. If there be more than one child or grandchild entitled, the administrator shall make such a division among them as he shall think proper. .
Sec. 14. With the exceptions provided for in the section immediately preceding, and the debts due the decedent, all his assets shall be included in such inventory.
Sec. 15. The following shall be deemed assets in the hands of an administrator, to wit: leases for years; estates for the life of another, except those granted to the deceased and his heirs only; the crop on the land of the deceased by him begun; things annexed to the freehold or building which may be removed without prejudice to the building, and all debts due deceased, and negroes, produce, and every other species of personal property, except those things denominated heir looms.
Sec. 16. If an administrator shall believe that any person conceals any part of decedent's personal property, he may file a petition in the orphans' court alleging such concealment, and the court shall compel an answer thereto on oath, and if satisfied, upon an examination of the whole case, that the party charged has concealed any part of such property, may order the delivery thereof to the administrator, and may force obedience thereto by attachment and fine not exceeding three hundred dollars, or by sequestration of property.
Sec. 17. If any person interested in the decedent's estate shall, by petition, allege that the administrator has concealed, or has in his hands, and has not returned in the inventory or list of debts, any part of his decedent's assets, the orphans' court may compel an answer to such petition; and should it finally adjudge in favor of the allegations of the petition, in whole or in part, it shall order an additional inventory and appraisement, or list of debts, to be made, to comprehend the assets omitted, and may enforce obedience to such order as provided in the previous section, and may also revoke the administration.
Sec. 18. Every administrator shall, within one month from the grant of administration, return, with an affidavit of the truth annexed, an inventory of the money belonging to his decedent which has come to his hands, and also of the claims, debts, or demands due him which have come to his knowledge. He shall specify the nature of each debt, distinguishing such as are in his opinion good from those he shall deem desperate.
Sec. 19. Such return as to the character of the debts shall be made to enable the court, and others interested, to form a just estimate of the circumstances of the deceased, but shall not be held to fix upon the administrator a liability for a debt which he shall return as good if the same be not collected.
Sec. 20. The court shall examine every list of debts returned by an administrator, and for every debt which the court shall not mark as desperate or improper to be put in suit, the administrator shall com
mence a suit, unless the debt be paid within four months, or unless the court shall think reasonable an excuse made by the administrator within one month after the lapse of the said four months for not bringing suit; and on failure to bring such suit, the party shall be liable on his administrative bond.
Sec. 21. The bare naming of an exccutor in a will shall not operate to extinguish any just claim against him, but he shall give in the same in the list of debts, and on failure he shall be proceeded against in the manner hereinbefore directed with respect to administrators not returning all the assets of their decedents.
Sec. 22. An inventory of the property of a decedent may be dispensed with in accordance with the provisions hereinafter contained in sections fourteen and fifteen of chapter fifty-eight.
SALES OF ASSETS BY ADMINISTRATOR, AND PAYMENTS OF CLAIMS AGAINST
THE ESTATE OF DECEASED.
13; } Claims, &c., for dealings with a factor.
when ordered by orphans' court. 2. Terms of sale. 3. In case of collusion, &c., administrator
to account for deficiency. 4. Growing crops may be finished or sold,
and how. 5. Sales of real estate executor to be
confirmed by orphans' court. 6. Administrator not to pay claim against
decedent unless passed by orphans'
court or proved. 7. Effect of court passing such claim. 8. The register to record all claims passed,
and effect of. 9. Claims not passed to be proved. 10. Judgment ; how proved. Il. Claim of surety; how proved. 12. Bond, note, bill of exchange, &c.; how
is administrator. 21. When there are several creditors, the
oath of one sufficient. 22. Administrator not bound to avail of the
plea of limitation. 23. Claims on the part of an estate or
against it; how arbitrated. 24. Award to be returned to orphans' court. 25. Manner of confirming same. 26. Public notice to be given by adminis
trator. 27. Evidence of same ; how preserved. 28. Administrator having given five months'
notice as aforesaid, and paid away, &c., assets, not liable for claims not known
to him. 29. Within what time administrator to pay
debts. 30. How to distribute assets afterwards com.
ing to hand.
known to him but not exhibited.
when about to pay creditors and stop interest.
33; } Order in which debts are paid.
Section 1. The orphans' court may direct a sale of decedent's personal estate, or any part thereof, whenever an administrator shall not have money to discharge the just claims against the estate, or whenever the court shall deem a sale advantageous to the persons interested in the administration.
Sec. 2. The orphans' court shall prescribe the terms of sale: provided, however, that when credit is given, it shall in no case exceed four months, and that bond, or note, with security or endorsement, shall always be taken.
Sec. 3. The court shall have power, in case of fraud, collusion, or improper management at such sale, to compel the administrator to account for all such deficiencies as may have arisen from his misconduct, always observing the inventory as the rule for ascertaining such deficiency.
Sec. 4. An administrator shall finish the growing crops begun by his decedent, or sell the same. If he finish them, he shall be allowed all the expenses thereof, and shall account for all the proceeds; if he sell, he shall give the person entitled to the land the privilege of taking the crops at the appraised value, for cash, notes, or bonds taken in conformity with preceding section number two, and if the person so entitled to elect refuse to take the crops, the administrator shall sell to any other person, on the same terms, and he may, with the sanction of the orphans' court, sell below the appraised value.
Sec. 5. Every sale of real estate made by an administrator with the will annexed, or an executor under the will of a decedent, shall be reported to the orphans' court, and, unless confirmed therein, shall be void. No sale shall be confirmed by the orphans' court until such notice, by publication, be given, as the court may direct, or until all the parties interested in the same shall consent in writing.
Sec. 6. An administrator shall pay no claim against his decedent, or be allowed therefor in his accounts, unless such claim has been passed by the orphans' court, or has been proved according to the following rules :
Sec. 7. The orphans' court may pass any claim against a decedent it may deem just, and the same shall be full authority to an administrator to pay it, but shall not compel him so to do. The administrator may, notwithstanding such sanction, refuse to pay the claim, and contest the same, when the claim shall be proved in the same manner as if no such sanction had been given.
Sec. 8. The register of wills shall enter upon the records of the court the passage of each claim, with the name of the creditor, the character of the claim, in brief, and the amount thereof. Such entry shall be indexed in the name of the decedent, and shall be deemed notice to the administrator of the existence of the claim.
Sec. 9. Claims not passed by the orphans' court shall be proved, in the manner hereinafter directed, before an administrator shall pay the
Sec. 10. The voucher or proof of a judgment shall be a short copy thereof, under seal, attested by the clerk or register of the court where it was obtained, who shall certify that there is no entry or proceeding in the court to show that such judgment has been satisfied. There shall likewise be a certificate, by some person authorized to administer an oath, endorsed on or annexed to a statement of the debt due on such judgment, that the creditor, since the death of the decedent, hath taken before him the following oath, to wit: “ That he hath not received any part of the sum for which the judgment was passed, except such part (if any) as is credited ;" and if the creditor, on a judgment, be an assignee of the person who obtained it, the oath shall say further, “and that to the best of his knowledge and belief no other person hath received any part of the said sum, except what (if any) is credited.” And an assignee shall also produce the assignment under the hand of the assignor, and if there be more than one assignment, such assignment shall be produced under the hand of the party.
Sec. 11. If a surety shall have discharged a judgment against the decedent, he shall be considered as the judgment creditor, and in case the plaintiff who obtained the judgment shall not have assigned the same, as he ought to do, to the surety, a receipt from him, given to the surety, shall be considered equivalent to an assignment.
Sec. 12. In case of a specialty, bond, note, or bill of exchange, the vouchers shall be the instrument of writing itself, or a proved copy in case it be lost, with a certificate of the oath made as aforesaid,