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Proceedings of court after service
Revoke letters of delinquent and attach
Accounts to be settled what charfes and disburseIdents allowed.
When disbursemento hay been ibade.
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 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 suflicient 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.
Seo. 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
On settlement, balance to be apportioned among creditore,
On settlement, how to proceed till debts are paid.
Exceptions alJowed against eatates, against
der may against securi
be paid and costs, against the property, goods, chattels and real estate of such executor or administrator.
Sec. 192. If any such execution be returne'l unsatisfied, the inte missed.orcreditor may sue out of the probate court an order against any tios. one or more of the securities of such executor or adininistrator, 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.
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.
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.
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.
Sec. 196. At his final settlement, the court shall give credit What dots to the executor or administrator, for debts which have been tory to bo 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 urisdiction, 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.
charged in inven
Of the distribulion of the Estates. SEC. 197. Executors and administrators shall not be com- When to be mado pelled to make distribution, or pay legacies, until one year after the date of the letters, unless the legacies specified would be perisbable, or subject to injury, if retained one year.
Seo. 198. No executor or administrator shall be compelled to be ables, boa 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
cies, how made.
Distribution cannot be made in
Application to sell, hot and when giren.
But the widow shall not be required to give such bond before she receive the property selected by her under this
act. Payment of lega. Seo. 199. If upon any settlement it appear that there is suffi
cient 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 probato 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,
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 conscentive 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 person.
Sec. 203. If any distributeo become a purchaser of such propbis receipt good. erty, his receipt for the amount of liis share shall be received in
payment of an equal amount of the purchase moner, and the court shall allow the amount of such receipt as so much distributed under the order of the court.
Sec. 204. If, after the payinent of legacies or distributions, pelled to resund, it becomes necessary that the same, or any part thercof. be refund
ed for the payment of debts, the court, on application, shall apportion 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 he insufficient to satisfy such debts.
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 giren to the legatee or distributee, enter judgment for the amount apportioned to him,
Sale ordered. elaims of distributees to bo ad. justed.
It distribntee become purchaser,
Legatees and distributeeg com
On failink to refund. Notice to be given.
Conrt may order estate to be deliv ered to widow.
ment money to be loaned out.
SEC. 206. The probate court, as occasion may require, may principles tortuporder such appropriations for the support of minor children of the entre minor deceased, not otherwise provided for, as will not prejudice the rights of creditors.
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 appraisement, 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.
SEC. 209. If, upon final settlement, it appear that any lega- Deri nel settleb 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.
Sec. 210. In all cases when the legatee or distributee shall if Lezate or dirnot appear within one year after final settlement by the execntor or administrator, and claim his share, the probate court shall order the same to be paid into the county treasury.
Sec. 211. When any share shall be paid into the treasury, the Whenunch lerney, executor or administrator shall take from the treasurer duplicate rial treasary. 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.
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 scal; 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 After one year settlement, there should remain, in the hands of the executor or sold
not appear in one year.
paid into territo. Non-resident's estate. how disposed of.
claimed to be
On final settlement, residue how disposod of.
administrator, any personal property unclaimed by the legatee or
Sec. 214. When administration shall be taken in this Terri-
...Sec. 215. Upon the final settlement of such an estate, and af-
Sec. 216. If such deceased person died insolvent, bis 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.
Citizen creditors to be first paid.
Residue to other oreditors.
Not to receiro more than due.