Εικόνες σελίδας
PDF
Ηλεκτρ. έκδοση

since the death of the decedent, and endorsed on or annexed to the instrument, or a statement of the claim, " that no part of the money intended to be secured by such instrument hath been received, or any security or satisfaction given for the same, except what (if any) is credited.”

Sec. 13. If the creditor on such instrument be an assignee, there shall be the same oath of the original creditor with respect to the time of assignment, and in case of successive assignees, there shall be the same oath taken by each with respect to the time of each respective assignment.

Sec. 14. In case of a bill of exchange, the protest and other things which would be required if the decedent were alive, shall be necessary to justify an administrator in paying the same.

Sec. 15. If the claim be for rent, there shall be produced the lease itself, or the deposition of some credible witness, or an acknowledgment in writing of the decedent establishing the contract, and the time which has elapsed during which rent was chargeable, and a statement of the sum due for such rent, with an oath of the creditor endorsed thereon, “ that no part of the sum due for said rent or any security or satisfaction for the same has been received, except what (if any) is credited ;” and if the creditor be an assignee, there shall be the same oath of the original creditor with respect to the time of assignment.

Sec. 16 The voucher or proof of any claim on open account shall be the affidavit of any disinterested credible witness, to the delivery or payment of any money, or the delivery or sale of any goods, wares, or merchandise, or the performance of any work, labor, or service, or any other matter properly chargeable in account, and the price or value of the same, and also the certificate of an oath taken by the creditor as aforesaid since the death of the decedent, endorsed on or annexed to the account, " that the account is just and true, and that he hath not received any part of the money stated to be due, or any security or satisfaction for the same, except what (if any) is credited."

Sec. 17. If the claim arise on a bond, note, or bill of exchange, or account for dealing with a factor, and the principal be out of the District, the factor who took the said bond, note, or bill, or who sold or delivered the articles in the account, may make oath, to be certi

[ocr errors]

fied as aforesaid, and endorsed on a statement of the money due thereon, “that the said statement is just and true, and that he (the deponent) took the said bond, or note, or bill, or delivered the articles charged in the account, as factor to

living in (or lately of) and that neither he the deponent, nor the principal, nor any other person for him or the principal, to his knowledge or belief, hath received any part of the money originally due on such bond, note, bill, or account, or any security or satisfaction for the same, except what (if any) is credited ;' and the said oath, with the other respective vouchers and proofs as aforesaid, shall authorize the administrator in making payment or dividend.

SEC. 18. If the factor aforesaid be dead or out of the District, and the principal be also out of the District, and, in case of account, it shall appear that the same has been proved by a disinterested credible witness, as provided in preceding section sixteen of this chapter, an oath of any other factor, made after the death of the decedent, and certified and endorsed on the statement as aforesaid, “ that the said bond, note, bill, or account, came into his hands as factor for the creditor, residing in, after the death (or removal) of the factor who took the said bond, note, bill, or delivered the articles in the account; that he has reason to believe, and does believe, that the said statement is just and true, and that no part of the money originally due on such bond, note, bill, or account, or any security or satisfaction for the same, hath been received, except what (if any) is credited ;" with the other respective vouchers or proofs as aforesaid shall authorize the administrator in making payment or dividend.

Sec. 19. When any affidavit or deposition to prove claims shall have been taken out of this District, the same shall be good, if taken and certified as aforesaid by the notary of the place, or by some person there authorized to administer oaths, and certified to be such under the seal of the governor, or mayor, chief magistrate, or clerk of any court of record, or notary public of such place.

Sec. 20. If the creditor be an administrator, the claim shall not be allowed, although proved as before provided, unless he make oath, to be certified as aforesaid, “ that it does not appear from any book or writing of his decedent that any part of the said claim has been discharged, except what (if any) is credited ;” and shall also have had such claim passed by the orphans' court.

Sec. 21. If there be more than one creditor, the oath of one, with the other vouchers, shall be sufficient.

Sec. 22. It shall not be the duty of an administrator to avail of the plea of limitation to bar what he supposes to be a just claim, unless requested in writing to do so by some person interested in the estate.

Sec. 23. The orphans' court may, with the consent of the parties, to be entered on its proceedings, arbitrate between a claimant and an administrator, or between an administrator and a debtor of the deceased, or may refer the whole matter to any person appointed by the parties and approved by the court.

Sec. 24. Every award made pursuant to the provisions of the preceding section shall be returned to the orphans' court, and shall be of no effect unless confirmed by the same. On being confirmed, the same shall be final and without appeal.

Sec. 25. No award shall be confirmed without notice to the parties, unless by consent, and either party may file exceptions thereto for matters apparent upon its face, or extrinsic, and the court may confirm or reject the same, and may send the case to the same or to other referees. The orphans' court shall also establish all necessary rules in regard to notice and exceptions.

Sec. 26. Every administrator shall, under the order of the orphans' court, publish, three times a week for two successive weeks, in such newspapers as the court shall direct, the following notice : “This is to give notice that the subscriber, of

hath obtained from the orphans' court of Washington county, District of Columbia, letters testamentary (or of administration) on the personal estate of

late of -, deceased : all persons having claims against the said deceased are hereby warned to exhibit the same, with the vouchers thereof legally authenticated, to the subscriber, on or

day of

- next; they may otherwise, by law, be excluded from all benefit of said estate.

Given under my hand, this — of

[ocr errors]

before the

Sec. 27. The administrator may report to the court the fact of having given such notice, with an affidavit of the truth thereof annexed, as also a copy of the advertisement, and the court, on being satisfied to that effect, shall endorse on the report a certificate that it has been proved to its satisfaction that the notice has been given, as therein reported, and shall order such report and certificate to be recorded among the records of the court, and such report and certificate, or a copy thereof under the seal of the orphans' court, shall be legal and competent evidence in all cases of the giving of such notice.

Sec. 28. No administrator who, after the expiration of six months from the date of his letters, shall have paid away assets to the discharge of just claims, or who shall have delivered or distributed the same as hereafter directed, shall be answerable for any claim of which he had no notice or knowledge: provided, that he has given at least five months' notice in the manner herein before prescribed in section twenty-six.

Sec, 29. It shall be the duty of an administrator, within six inonths after the date of his letters, or within such further time, not exceeding six months longer, as shall be allowed by the orphans' court, (on his making oath that the assets in his hands cannot sooner be converted advantageously into money to pay the debts of the deceased,) to discharge all just claims exhibited and proved as aforesaid, or to pay each claimant his just proportion of the same, retaining as hereinafter directed in certain cases.

Sec. 30. It shall also be his duty, every six months after his first payment, to make distribution of the assets which have since come into his hands until he shall have fully administered.

Sec. 31. An administrator may, with the sanction of the orphans' court, retain for any claim, or for a just proportion thereof, known to him, though the same be not exhibited, on his satisfying the court of the justice of the claim, or that it may probably be recovered ; provided, that the sum so retained shall be accounted for as if such claim were unknown, if the creditor, on receiving a special notice from the administrator to that effect, shall not, within three months thereafter, prefer his claim, duly proved.

Sec. 32. An administrator may also retain, in like manner, for any claim disputed or rejected by him; and if, within the period of six months after such rejection, the claimant do not bring suit, the claim shall be forever barred.

Sec. 33. When an administrator is to make payment to creditors, he may give notice, for two consecutive weeks, by publication in some newspaper indicated by the court, of the time and place of making

it; and if any creditor shall fail to attend to receive the amount or proportionable part of his claim, all interest thereon shall cease : provided, that the administrator shall thereafter, on demand, pay the said claim or proportionable part.

Sec. 34. After discharging the necessary funeral expenses of the deceased, and those of his last sickness, and the charges of administration, his estate shall be applied to the payment of his debts, in the following order:

First. Debts entitled to a preference under the laws of the United States.

Secondly. Debts due as administrator, executor, guardian, or committee, where the qualification was in this District; in which shall be included a debt or demand for money or other property received by a husband acting as such fiduciary in right of his wife.

Thirdly. All other demands ratably, except those in the next class; and,

Fourthly. Voluntary obligations.

Sec. 35. If there be not enough to pay all the debts of any one class, all the creditors of that class shall be paid ratably in proportion to their respective debts, and no payment shall be made to creditors of any one class until all those of the preceding class or classes shall be fully paid.

CHAPTER 58.

ACCOUNTS OF ADMINISTRATORS, PAYMENT OF LEGACIES, AND DISTRIBUTION

OF ESTATE OF DECEASED.

SECTION
1. Administrator to account in six months,

unless a longer time be allowed by

court. 2. Accounts; how stated; dr. side. 3. Accounts; how stated; cr. side. 4. Outstanding debts, or newly discovered

assets ; how accounted for. 5. Administrator to be charged with in

crease of estate, and credited with

losses happening without his fault.
6. When claims against deceased are paid,

administrator to distribute estate in
hand.

SECTION
7. When court may authorize partial pay-

ment to distributee or legatee, before

debts are paid. 8. Same in favor of specific legatee. 9. Executor or administrator, c. t. a., to

retain for a contingency, under direc

tion of the circuit or orphans' court. 10. An executor, &c., to account with or

phans' court for proceeds of sales of

real estate, and his commissions. 11. Administrator failing to account, his let

ters may be revoked, and his bond sued.

« ΠροηγούμενηΣυνέχεια »