Page:United States Statutes at Large Volume 31.djvu/1299

FIFTY-SIXTH CONGRESS. Sess. II. Ch. 854. 1901. 1247 in the District of Columbia shall next be wholly discharged. Afte1· such claims for rent, judgments, and decrees shall be satisfied, all other 'ust claims shall be on an equal footing without riority or reference. lf there be not sufficient to discharge all such judgments and) decrees, a pr0(portionate dividend shall be ma e between the judgment and decree cre itors. Sec. 357. No CLAIMS TO BE NoTIcE1> UNLESS LEGALLY AUTHENTI- Ugg ¤11gj1¤;g_,¤¤,g¤&q;> CATED.—N0 executor or administrator shall be bound to discharge any aumemieaed. g Y claim against his decedent unless the same shall be exhibited t9him, legally authenticated, or unless such claim shall have been passed by the probate court and entered by the register of wills upon his docket. Sec. 358. MEETING oE` GREDITORS.—Any executor or administrator Orgieetlng °* °’°d“# shall be entitled to appoint a meeting of creditors on Some day by the ' court approved, and passage of claims, payment, or distribution may be there made under the court’s direction and control. SEc. 359. DISTRIBUTION or RESIDUE.—Wh€D€VBf it shall appear by d£i¤¤¤b¤¤<>¤ of Mithe first or other account of an executor or administrator that all the ` claims against, or debts of, the decedent which have been known by or notified to him have been discharged or allowed for in his account, it shall be his duty to deliver up and distribute the surplus or residue of the ersonal estate not disposed of by any will, as hereinafter directed: Provided, That his power and duty with respect to future f,’;¢;gf;°&”,S wm assets shall not cease; and after such delivery he shall not be liable for as to mmm asrégs to any debts afterwards notified to him, provided he shall have advertised °°“°m“"’ °‘°‘ as hereinbefore directed, unless assets shall afterwards come into his hands which shall be answerable for such debts. Sec. 360. SUITS ON BONDS AGAINST HEIRS.·—NO creditor by a bond ag§,}sgSh_g,’;_ "°“d“ which purports to bind the heirs of the obligor shall be entitled to sue the heirs at common law in respect of assets descended to them, but debts by specialty and by simple contract, without distinction, shall be payable primarily out of the personal estate, and, if that be insufficient, shall be payable equally and without preference out of the proceeds of the real estate. · SUBCHAPTER SEVEN. ACCOUNTS. A¤¤¤¤¤e- Sec. 361. FIRST ACCOUNT WITHIN TWELVE MONTHs.—Every executor . Qing ¤}¢¤<>¤;]1{h;*¤h· and administrator shall render to the probate court within the period m We wmo ` of twelve months from the date of his letters the first account of his administration. Sec. 362. SUBSEQUENT AGooUNTs.—If the first account shall not cO§1ggS€¤¤€¤* **°· show the estate which was on hand to be fully administered, another " account shall be returned within six months thereafter, and within every term of six months thereafter an account shall be returned until the estate shall appear to be fully administered; and whenever a discovery or receipt of assets shall take place after rendering an account another account shall be rendered within six months thereafter; but an administrator shall not be obliged to render accounts when it appears to the court that the estate has been fully administered, except as to debts which the court shall deem desperate. Sec. 363. FAILURE TO ACCOUNT.—If an executor or administrator Failurero account. shall fail to return an account, as before directed, within the time limited by law, or within such further time as the robate court shall allow, not exceeding six months, his letters, 011 application of any person interested, may be revoked, and administration may be granted at the discretion of the court; and the administrator to whom letters may be granted shall be entitled to put the delinquent’s bond in suit, and to recover such damages thereon as the jury may find; and in assessing