Proceedings of court after serVice Revoke letters of delinquent and attach Accounts to be settled what charges and disbursements allowed. When disbursements have been made. On settlement, balance to be apportioned among SEC. 185. If, after such service or publication, no cause to the contrary be shown, such executor or administrator may be fined by the probate court, not exceeding one hundred dollars, to the use of the county, and such executor or administrator shall be liable upon his bond for failing to settle. SEC. 186. The probate court may revoke the letters of such delinquent, and may issue attachment and other process to compel such settlement, directed to any county in the Territory, and in all such cases such delinquents shall pay costs. SEC. 187. When any executor or administrator shall present his account for settlement, the probate court shall settle the same according to law, allow all reasonable charges for the expenses. of the administration, funeral expenses, and all disbursements and appropriations made by order of the court, and a reasonable compensation for the trouble and expenses of the executor or administrator. SEC. 188. Upon every settlement, the executor or administrator shall show that every claim for which disbursements have been made, has been allowed by the court according to law, or shall produce such proof of the demands as would enable the claimant to recover it in a suit at law. SEC. 189. At every settlement, the court shall ascertain the ereditors. amount of money of the estate which has come to the hands of such executor or administrator from all sources, and the amount of debts allowed against such estate; and if there be not suffi cient to pay the whole of the debts and expenses of administration, the money remaining after paying the expenses of administration, shall be apportioned among the creditors, according to this act, and the court shall order that such executor or administrator pay the claims allowed by the court according to such apportionment, reserving apportionments made on claims which remain undecided, until decision be had thereon.. On settlement, how to proceed till debts are paid. Executions allowed against estates, against whom issued. SEC. 190. The probate court, upon every settlement, shall proceed in like manner till all the debts be paid, or the assets exhausted; and if, upon such settlement, there shall be money enough to satisfy all demands of any one class legally exhibited against such estate, the court shall order the whole to be paid. SEO. 191. If any executor or administrator fail to pay any claim thus ordered to be paid, according to the two preceding sections, when demanded, the clerk of the probate court, on application of such creditor, and being satisfied that such demand has been made, shall issue execution for the amount ordered to be paid and costs, against the property, goods, chattels and real estate of such executor or administrator. SEC. 192. If any such execution be returned unsatisfied, the creditor may sue out of the probate court an order against any one or more of the securities of such executor or administrator, referring to the bond, the order of payment, the execution and return, and requiring such security to show cause why judgment should not be rendered against him for the amount ordered to be paid and still unsatisfied. served, proceed SEC. 193. Such order may be directed to, and served in any order returned county in this Territory, and if, upon the return thereof, good ings thereon. cause to the contrary be not shown, the court shall render judgment against such security for the amount unpaid, and costs, and award execution therefor. tlement, how pub SEC. 194. If any executor or administrator wish to make final Notice of final setsettlement, he shall publish for four weeks, in some newspaper in lished. this Territory, a notice to all creditors and others interested in the estate, that he intends to make final settlement at the next term of the court. how conducted. SEC. 195. If it appear to the court that such notice was duly Final settlement, published, and that the estate of the deceased has been fully administered, the court shall make final settlement, which shall be conducted as annual settlements. charged in inven ed. SEC. 196. At his final settlement, the court shall give credit What debts to the executor or administrator, for debts which have been tory to be creditcharged in the inventory as due to the estate, if the court be satisfied that such debt was not really due to the estate, or that it has been balanced or reduced by offsets in any court of competent jurisdiction, or the debtor was insolvent, or that from any other cause it was impossible for the executor or administrator to have collected such claim by the exercise of due diligence. Of the distribution of the Estates. within one year. SEC. 197. Executors and administrators shall not be com- When to be made pelled to make distribution, or pay legacies, until one year after the date of the letters, unless the legacies specified would be perishable, or subject to injury, if retained one year. be paid. Sco. 198. No executor or administrator shall be compelled to Legales, when to pay legacies or make distribution within three years after the date of his letters, unless ordered to do so by the court, until bond and security be given by the the legatce or distributee to refund his due proportion of any debt which may afterwards be established against his estate, and the costs attending the recov Payment of legacies, how made. Distribution cannot be made in ordered. ery thereof. But the widow shall not be required to give such bond before she receive the property selected by her under this act. SEC. 199. If upon any settlement it appear that there is sufficient money to satisfy all the demands against an estate, the court shall order the payment of legacies and distribution of shares, as in the case of debts, except that specific legacies shall be first satisfied. SEC. 200. If any personal property descend, and an equal kind, sale may be division thereof cannot be made in kind, the probate court may order the sale of such personal property, (prescribing the time, place, manner and terms of sale,) and cause the money to be distributed according to the rights of those entitled to distribution. Application to sell, how and when given. Sale ordered. elaims of distributees to be adjusted. If distributee be come purchaser, SEC. 201. Each person entitled to distribution, not applying therefor, shall be notified in writing of such application ten days before such order shall be made; or if such person do not reside in this Territory, a notice of such application shall be published in some newspaper in this Territory, four consecutive weeks before such order shall be made. SEC. 202. When such order for the sale of personal estate shall be made by the court, it shall settle the claims of the distributees, and order the person selling such property to distribute the money arising therefrom according to the rights of each per son. SEC. 203. If any distributec become a purchaser of such prophis receipt good. erty, his receipt for the amount of his share shall be received in payment of an equal amount of the purchase money, and the court shall allow the amount of such receipt as so much distributed under the order of the court. Legatees and distributees com SEC. 204. If, after the payment of legacies or distributions, pelled to refund, it becomes necessary that the same, or any part thereof, be refunded for the payment of debts, the court, on application. shall ap portion the same among the legatees or distributees according to the amount received by them, except that specific legacies shall not be required to be refunded, unless the residue be insufficient to satisfy such debts. On failing to refund. Notice to be given. SEC. 205. If any legatee or distributee fail to refund, according to such order, the court shall, on motion of the executor or administrator, ten days' notice in writing having been given to the legatee or distributee, enter judgment for the amount apportioned to him. May order children. SEC. 206. The probate court, as occasion may require, may printions for Buporder such appropriations for the support of minor children of the Port of minor deceased, not otherwise provided for, as will not prejudice the rights of creditors. widow. Court may order ered to widow. SEC. 207. Until the widow's portion be assigned, the court Appropriation for shall order such sum to be paid to her out of the rent of real estate, as shall be in proportion to her interest in the real estate. SEC. 208. If, upon the return of the inventory and appraise- estate to be delivment, it appears to the court that the whole amount of the estate is not more than that to which the widow is by law entitled, without being subject to the payment of debts, and that there are no debts due the estate, or so small that they would not defray the expenses of collection and of administration, the probate court may, in its discretion, make an order that such estate be delivered to the widow, and that all further advertisements, settlements and other proceedings under said administration be dispensed with, unless further estate be discovered, or the court order the administration to be proceeded with. ment money to be loaned out. SEC. 209. If, upon final settlement, it appear that any lega- On final settle tee or distributee is non-resident, or from any other cause is not in a situation to receive his share, and give a discharge therefor, or does not appear by himself, or agent, to receive the same, the probate court shall order the executor or administrotor to lend out the money on good security, for such limited time as the court may direct, not exceeding one year. exec tributoe does not appear in one year. SEC. 210. In all cases when the legatee or distributee shall I legate or disnot appear within one year after final settlement by the utor or administrator, and claim his share, the probate court shall order the same to be paid into the county treasury. paid into territo rial treasury. SEC. 211. When any share shall be paid into the treasury, the When such legacy executor or administrator shall take from the treasurer duplicate receipts, one of which he shall retain, and file the other with the clerk of the probate court, ordering the share to be paid into the treasury, and the court shall credit the executor or administrator therewith. such legacy. SEC. 212. When any legatce or distributee shall appear and Mode of obtaining claim any share paid into the treasury, the probate court before whom the final settlement was made, being first satisfied of his right, shall grant him a certificate, under its seal; and on presentation of the certificate to the treasurer, he shall pay him the amount. SEC. 213. If, after the expiration of one year after the final settlement, there should remain, in the hands of the executor or After one year . property unclaimed to be ་ Non-resident's estate, how disposed of. On final settlement, residue how disposod of. Non-resident's estate, how divided. Estato not to be sent out of terriBory. Citizen creditors to be first paid. Residue to other reditors. Not to receive more than due. administrator, any personal property unclaimed by the legatee or SEC. 216. If such deceased person died insolvent, his estate SEC. 217. To this end, his estate shall not be transmitted to the foreign executor or administrator, until his creditors, who are citizens of this Territory, shall have received their just proportions that would be due to them if the whole of the estate of the deceased, wherever found, were divided among all the said creditors in proportion to their respective debts, without preferring any one species of debt to another. SEC. 218. In such case, no creditor, not being a citizen of this Territory, shall be paid out of the assets found here, until those who are citizens shall have received their just proportions, as provided in the preceding section. SEC. 219. If there be any residue after such payment to the citizens of this Territory, the same may be paid to any other creditors who shall duly have proved their debts here, in propor tion to the amount due to each of them respectively. SEC. 220. No one shall receive more than would be due to him if the whole estate were divided rateably among all the creditors. |