Mortgages, bonds, etc. 20 N. Y., 120; 3 § 10. The said articles shall remain in the possession of the widow, if there be one, during the time she shall live with, and provide for, such minor child or children. When she shall cease so to do, she shall be allowed to retain as her own, her wearing apparel, her ornaments and one bed, bedstead and the bedding for the same; and the other articles so exempted, shall then belong to such minor child or children. If there be a widow, and no such minor child, then the said articles shall belong to such widow. [L. 1824, 32.] § 11. The inventory shall contain a particular statement of all bonds, mortgages, notes and other securities for the payment of Dem., 307. money, belonging to the deceased, which are known to such executor or administrator; specifying the name of the debtor in each security; the date; the sum originally payable; the endorsements thereon, if any, with their dates and the sum which, in the judgment of the appraisers, may be collectible on each security. Money and bank bills. 20 N. Y., 120; 7 § 12. The inventory shall also contain an account of all monies, whether in specie or bank bills, or other circulating medium, belongWend., 303. ing to the deceased, which shall have come to the hands of the executor or administrator; and if none shall have come to his hands, the fact shall be so stated in such inventory. Debts of executors not discharged. 53 Barb., 517; 2 T. & C., 461; 74 § 13. The naming of any person executor in a will, shall not operate as a discharge, or bequest, of any just claim, which the testator had against such executor, but such claim shall be included among the credits and effects of the deceased, in the inventory, and such executor shall be liable for the same, as for so much money in his hands, at the time such debt or demand becomes due; and he 4 Dem.,107; shall apply and distribute the same in the payment of debts and 277; 83 N. legacies, and among the next of kin, as part of the personal estate of Y340; 21 the deceased. 59 N. Y., 140; 3 Dem., 213; 39 Hun, 67, Y., 1; 95 N. Hun, 335; 45 Hun, 482. Discharge of debts by will, invalid as to §14. The discharge or bequest in a will, of any debt or demand of the testator, against any executor named in his will, or against creditors. any other person, shall not be valid as against the creditors of the deceased; but shall be construed only as a specific bequest of such debt or demand; and the amount thereof shall be included in the inventory of the credits and effects of the deceased, and shall, if necessary, be applied in the payment of his debts; and if not necessary for that purpose, shall be paid in the same manner and proportion as other specific legacies. Inventory to be re 26 Barb., §15. Upon the completion of the inventory, duplicates thereof turned, &c. shall be made and signed by the appraisers; one of which shall be 332; 3 retained by the executor or administrator, and the other shall be re228; turned to the surrogate within three months from the date of such letters. 37 Barb., 542; 2 Dem., 352. Oath of execu'or, &c. 20 N. Y., 120; 26 [1 R. L., 311, § 1, L. 1821, 46.] § 16. Upon returning such inventory, the executor or administrator shall take and subscribe an oath, before the surrogate or any Barb., 332; officer within the state, who is authorized to take an affidavit to be used in the supreme court, stating that such inventory is in all respects just and true, that it contains a true statement of all the personal [85] 37 Barb., 542; 38 N. 1 1 ART. 1. Dem., 402. property of the deceased, which has come to the knowledge of such executor or administrator, and particularly of all money, bank bills, Y., 399; 4 and other circulating medium, belonging to the deceased, and of all just claims of the deceased against such executor or administrator, according to the best of his knowledge. Such oath shall be endorsed upon, or annexed to the inventory. [Thus amended by L. 1888, ch. 302.] [1 R. L., 311, § 1; L. 1821, 46.] [Sections 17-22 were repealed by L. 1880, ch. 245.] [86] return § 23. Any one or more of the executors or administrators named Any one to in any letters, on the neglect of the others, may return an inventory; inventory. and those so neglecting, shall not thereafter interfere with the administration, or have any power over the personal estate of the deceased; but the executor or administrator so returning an inventory, shall have the whole administration, until the delinquent return and verify an inventory, agreeably to the provisions of this article. § 24. Whenever personal property, or assets of any kind, not New assets. mentioned in any inventory that shall have been made, shall come to the possession or knowledge of an executor or administrator, he shall cause the same to be appraised in manner aforesaid, and an inventory thereof to be returned, within two months after the discovery thereof; and the making of such inventory and return may be enforced in the same manner, as in the case of the first inventory. L. 1842, Chap. 157 - An act to extend the exemption of household furniture and working tools from distress for rent, and sale under execution. [Section 1 was repealed by L. 1877, ch. 417.] Exemption for a widow and minor children, $150. § 2. When a man having a family, shall die, leaving a widow, or minor child or children, there shall be inventoried by the appraisers, and set apart for the use of such widow, or for the use of such widow and child or children, or for the use of such child or children, in the manner now prescribed by the ninth section of title third, chapter sixth, of part second of the Revised Statutes, necessary household furniture, provisions or other personal property, in the discretion of said appraisers, to the value of not exceeding one hundred and fifty dollars, in addition to the articles of personal property now exempt from appraisal by said section. 6 Hill, 642; 6 N. Y., 597; 3 Dem., 72. [Section 3 is on p. 2226, ante.] L. 1867, Chap. 782 An act in relation to the powers and jurisdictions of surrogates' courts. Husband and children of deceased woman to have articles set apart for them. § 13. When a married woman or widow shall die, leaving her surviving a husband or a minor child or children, the same articles and personal property shall be set apart by the appraisers for the benefit of such husband or minor child or children, as is now provided by law in the case of a man dying and leaving a widow or minor children; and all articles and property set apart, in accordance with law for the benefit of a widow or widower and a minor or minors, shall be and remain the sole personal property of such widow or widower after such minor or minors shall have arrived at age. [Thus amended by L. 1887, ch. 630.] [As to the remaining sections of this act, see the note on p. 2555, ante. ] TITLE 3. [87] Personal property when and 42 N. Y., 150; 34 N. ARTICLE SECOND, OF THE DUTIES OF EXECUTORS AND ADMINISTRATORS, IN THE PAYMENT OF Debts and LEGACIES. SEC. 25. When personal property to be sold, to pay debts, manner and terms of sale. 26. Certain articles to be first sold. 27. Order in which debts are to be paid. 28. Preferences not to be given in payment of certain debts. 29. Debts not due, may be paid, on deducting interest. 30. In certain cases, preference may be given by surrogate, to rents due. 31 & 32. [Repealed.] 33. When executor, etc., may retain for his debt; not entitled to preference. 34. Notice to creditors to exhibit claims may be given, its contents, etc. 35. Upon exhibition of claims, vouchers and affidavits of claimant may be required. 36. If claim doubted, may be submitted to reference. 37. Proceedings on reference; report, judgment and effect thereof. 38. [Repealed.] 39. If suit brought upon claim not presented within six months after notice to creditors; executors, etc., not to be liable for assets paid or distributed. 40-42. [Repealed.] 43. Legacies not to be paid until after one year, unless otherwise directed in 44. If directed to be sooner paid, executor, etc., may require a bond; its contents. § 25. If any executor or administrator shall discover that the debts against any deceased person, and the legacies bequeathed by how to be him, can not be paid and satisfied without a sale of the personal property of the deceased, the same, so far as may be necessary for Y., 348; 26, the payment of such debts and legacies, shall be sold. The sale may be public or private, and, except in the city of New York, may be on credit, not exceeding one year, with approved security. Such executor or administrator shall not be responsible for any loss happening by such sale, when made in good faith, and with ordinary prudence. N. Y., 60; 1 Redf., 235; R., 193; 2 Redf., 87; 23 Hun, 478; 32 Hun, 55; 98 N. Y., 318. What to be Order of payment of debts. § 26. In making such sales, such articles as are not necessary for the support and subsistence of the family of the deceased, or as are not specifically bequeathed, shall be first sold; and articles so bequeathed, shall not be sold, until the residue of the personal estate has been applied to the payment of debts. § 27. Every executor and administrator shall proceed with diligence, to pay the debts of the deceased, and shall pay the same 9 Abb. N. according to the following order of classes: S., 26; 20 N. Y., 120; 3 Edw.,347; 273;. Pr, 4 Bradf., 213, 218; 2 Bradf., 103, 212; 1 Bradf., 343; 164, 305; 1 220; 88 N. 1. Debts entitled to a preference, under the laws of the United States: 2. Taxes assessed upon the estate of the deceased, previous to his death: 3. Judgments docketed, and decrees enrolled, against the deceased, according to the priority thereof, respectively: 4. All recognizances, bonds, sealed instruments, notes, bills and unliquidated demands and accounts. 31 N. Y., 360; 19 Abb. Pr., 1; 15 Abb. Pr., 229; 42 N. Y., 30; 56 Barb., 265; 10 Bosw., ART. 2. preier abolished. § 28. No preference shall be given in the payment of any debt, over other debts of the same class, except those specified in the third Certain class; nor shall a debt due and payable, be entitled to preference ences over debts not due; nor shall the commencement of a suit for the Barb., recovery of any debt, or the obtaining a judgment thereon against P, 270; 18 the executor or administrator, entitle such debt to any preference Wedd over others of the same class. 379; 4 Abb. 17 560; 19 Abb. Pr., 1; 53 N. Y., 613; 2 Dem., 219; 3 Dem., 70; 4 Dem.,440. paid. § 29. Debts not due, may be paid by an executor or administra- Debts not tor, according to the class to which they may belong, after deducting Redf., 214. a rebate of legal interest upon the sum paid, for the time unexpired. 6 Lans., § 30. Preference may be given by the surrogate, to rents due or Rents. accruing, upon leases held by the testator or intestate, at the time of 174, 485; 10 his death, over debts of the fourth class, whenever it shall be made Bosw., 164. to appear to his satisfaction, that such preference will benefit the estate of such testator or intestate. [Sections 31 and 32 were repealed by L. 1880, ch. 245.] [88] etc., re taining. § 33. No part of the property of the deceased shall be retained Executors, by an executor or administrator, in satisfaction of his own debt or claim, until it shall have been proved to, and allowed by, the surrogate; and such debt or claim shall not be entitled to any preference 140, 478; over others of the same class. 650; 6 Paige, 167; 2 Bradf., 116; 1 Redf., 232; 59 N. Y., 140; 23 Hun, 251; 5 Redf., 14, 186; 89 N. Y., 352; 93 N. Y., 484; 96 N. Y., 92; 85 § 34. Any executor or administrator, at any time, at least six months after the granting of the letters testamentary or of administration, may insert a notice once in each week for six months, in a newspaper printed in the county, and in so many other newspapers, as the surrogate may deem most likely to give notice to the creditors. of the deceased, requiring all persons having claims against the deceased, to exhibit the same with the vouchers thereof, to such executor or administrator, at the place of his residence or transaction of business, to be specified in such notice, at or before the day therein named, which shall be at least six months from the day of the first publication of such notice. 1 Abb. Ct. App. Dec., 541; 9 Bosw., 692; 2 Abb., N. S., 208; 50 N. Y., 538; 43 N. Y., 3 Hun, 458; 1 Tucker, Notice to creditors. be re § 35. Upon any claim being presented against the estate of any Vouchers, deceased person, the executor or administrator may require satis- etc., may factory vouchers in support thereof, and also the affidavit of the quired. claimant that such claim is justly due, that no payments have been made thereon, and that there are no offsets against the same to the knowledge of such claimant; which oath may be taken before any justice of the peace, or other officer authorised to administer oaths. 32 Barb., 356; 26 Barb., 334; 25 Barb., 132; 1 Barb., 523; 1 Barb. Ch., 301; 6 Hill, 389; § 36. If the executor or administrator doubt the justice of any Reference claim so presented, he may enter into an agreement, in writing, with claims. to settle [89] TITLE 8. the claimant, to refer the matter in controversy to three disinterested persons, or to a disinterested person, to be approved by the surrogate, and upon filing such agreement and approval of the surrogate in the office of the clerk of the supreme court in the county in which the parties, or either of them, reside, a rule shall be entered by such clerk, either in vacation or term, referring the matter in controversy to the person or persons so selected. [Thus amended by L. 1859, ch. 261.] Proceedings. Executors, &c., not lia 45 N. Y., 806; 4 Abb. Ct. App. Dec., 430; 3 Daly, 244; 9 Abb., N. S., 208; 32 Barb., 356; 30 Barb., 111; 29 Barb., 351; 25 Barb., 132; 10 Barb., 312; 9 Barb., 388; 1 Barb., 523; 12 Abb. Pr., 79; 4 Abb. Pr., 136; 20 How. Pr. R., 60; 17 How. Pr. R., 24; 16 How. Pr. R., 314; 14 How. Pr. R., 511; 9 How. Pr. R., 349, 434; 6 How. Pr. R., 77; 6 Hill, 388; 2 Duer, 160; 16 Wend., 479; 43 Barb., 129; 41 Barb., 612; 24 How. Pr. R., 88; 17 Abb. Pr., 375; 16 Abb. N. Č., 210; 1 Dem., 212; 2 Dem., 17; 16 J. & S., 470; 60 N. Y., 106; 32 Hun, 56; 40 Hun, 74; 41 Hun, 9; 88 N. Ý., 453; 102 N. Y., 599; 42 Hun, 164; 45 Hun, 401. § 37. The referees shall thereupon proceed to hear and determine the matter, and make their report thereon to the court in which the rule for their appointment shall have been entered. The same proceedings shall be had in all respects, the referees shall have the same powers, be entitled to the same compensation, and subject to the same control, as if the reference had been made in an action in which such court might by law, direct a reference; and the court may set aside the report of the referees, or appoint others in their places, and may confirm such report, and adjudge costs, as in actions against executors; and the judgment of the court thereupon shall be valid and effectual in all respects, as if the same had been rendered in a suit commenced by the ordinary process. 32 Barb., 356; 10 Barb., 312; 4 Abb. Pr., 136; 14 How. Pr. R., 509, 511; 6 How. Pr. R., 77; 4 How. Pr. R., 134; 13 Wend., 456; 10 Wend., 601; 7 Wend, 522; 37 Barb., 223; 24 How. Pr. R., 404; 14 Abb. Pr., 86; 45 N. Y., 846; 53 Barb., 490; 44 How. Pr. R, 25; 9 Abb., N. S., 208; 18 Hun, 105; 23 Hun, 249; id., 393; 81 N. Y., 629; 13 Abb. N. C., 373; 15 Abb. N. C., 455; 16 Abb. N. C., 220; 4 Dem., 180, 517; 27 Hun, 366; 32 Hun, 54, 481; 40 Hun, 74; 102 N. Y., 597; 103 N. Y., 680; 42 Hun, 413. [Section 38 was repealed by L. 1880, ch. 245.] § 39. In case any suit shall be brought upon a claim, which shall ble for cer- not have been presented to the executor or administrator of a detain assets. ceased person, within six months from the first publication of such [90] Legacies, when to be paid. Bond. 9 How. Pr. R., 434; 5 notice, as hereinbefore directed, such executor or administrator shall not be chargeable for any assets or monies, that he may have paid in satisfaction of any claims of an inferior degree or of any legacies, or in making distribution to the next of kin, before such suit was commenced. [Thus amended by L. 1880, ch. 245.] 43 N. Y., 524; 26 Barb., 334; 16 Barb., 294; 4 Abb. Pr., 273, 313; 15 How. Pr. R., 184; 12 How. Pr. R., 284; 25 Wend., 416; 27 Wend., 569; 2 Duer, 160; 1 Bradf., 485; 6 Lans., 489; 9 Bosw., 694; 1 Robt., 426; 9 Abb., N. S., 208; 2 Abb., N. S., 130; 10 Bosw., 305; 42 Hun, 164. [Sections 40-42 were repealed by L. 1880, ch. 245.] § 43. No legacies shall be paid by any executor or administrator, until after the expiration of one year from the time of granting letters testamentary or of administration, unless the same are directed by the will to be sooner paid. 12 N. Y., 474; 4 Bradf., 129; 2 Bradf., 74; 1 Bradf., 356: 31 How. Pr. R., 179; 19 Abb. Pr., 210; 36 N. Y., 23; 1 Redf., 415; 5 Redf., 419; 1 Dem., 493; 3 Dem., 151, 446; 28 Hun, 506. § 44. In case a legacy is directed to be sooner paid, the executor or administrator may require a bond, with two sufficient sureties, conDem., 458. ditioned, that if any debts against the deceased shall duly appear, and which there shall be no other assets to pay, and there shall be no other |