Page:United States Statutes at Large Volume 31.djvu/515

FIFTY-SIXTH ooncnass.- Sess. 1. cu. 786. 1000. 463 any claim or demand against the deceased after the same may have been exhibited to him in accordance with the provisions of this Act, the claimant may present his claim to the commissioner having jurisdiction or to the district court or the jud e thereof fO1' allowance, giving the executor or administrator thirty clays notice of such a plication to the court. The district court or the judge thereof shall have power- to hear and determine in a summary manner all demands agginst any estate agreeably to the provisions of this chapter, and . w `ch have been so rejected by the executor or administrator, and shall cause a concise entry of the order of allowance or rejection to be made on the record, whic order shall have the force and eifect of a judgment, from which an appeal may be taken as in ordinary cases: Provided, No claim which shall have been rejected by the executor or administrator, as aforesaid, shall be allowed by an court, judge, referee, or jury, except upon some competent or satisfactory ev1dence other than the testimony of the claimant. No claim shall be allowed by the executor or administrator or the district court or judge which' is barred by the statute of limitations. Sec. 824. The effect of a judgment against an executor or adminis- Egg; ¤f judgment trator, on account of a claim against the estate of his testator or intes- $¤i1¤i¤s$:£°§"°r °” tate, is only to establish the claim as if it had been allowed by him, so as to require it to be satisfied in due course of administration, unless it appear that the complaint alleged assets in his hands applicable to the satnsfaction of such claim, an that such allegation was admitted or found to be true, in which case thejudyent may be enforced against such executor or administrator (person y. . Sec. 825. A claim establishe by judgment against the deceased in dJu<1sm¤¤;; against his lifetime need not be verified by ailidavit, but it is sufficient to pre- n$§$?S°d his me` sent a certified copy of the judgment docket thereof to the executor or administrator for allowance or rejection, as in other cases; but this section is not to be construed to prevent an execution from being issued upon such judgment, as elsewhere provided in this code. Sec. 826. lf the executor or administrator doubt the validity of any cglggg ggrgiegggv claim presented to him, he may agree, in writing, with the claimant Y ' that an order of reference be made by the comrmssioner thereof concerning the same. Upon the filing of such agreement, the commissioner shall make the order accordin ly. Sec. 827. The referee shall proceegl to hear and examine the matter, erggguegiggcpgf refand report thereon to the commissioner, where the order of reference ’ ` was made, in the same manner and with like effectas if the order was made in an action upon such claim. " Sec. 828. If the executor or administrator is himself a creditor of 0,‘f,1$,u,g{ra°,})§°“w¤ _. the testator or intestate, his claim, duly verified, may be presented to ` the commissioner for allowance or rejection· but the allowance of such claim by such commissioner does not conclude a creditor, heir, or other person mterested in the estate in any action or proceeding between such executor or administrator and such creditor, hei1·, or other person. - --—- _ ‘ Sec. 829. If the commissioner reject the claim of the executor or mg§>{)'€d;¤tg1§mi!$};,im administrator, either in whole or in rt, or in case the same is not ' presented for allowance, as providedpailn the last section, the executor or administrator may retain the amount thereof until the Hnal settlement of his accounts, when, if the same is controverted or objected to by any person interested in the estate, the right of the executor or ‘ . administrator to have the allowance claimed slgall be tried and determined by the court. If the claim is not presented to the commissioner, as provided in the section last preceding; before it is barred by the statuge of limitations, such claim can not e allowed, retained, or recovere .