Page:United States Statutes at Large Volume 31.djvu/458

406 FIFTY-SIXTH CONGRESS. Sess. I. Ch. 786. 1900. ¤e*;‘{0?°,§§Q“hy“(§r*;*(§;§E Sec. 445. The next of kin of a deceased person are liable to an or of the estate. action by a creditor of ·the estate to recover the distributive shares received out of such estate, or to so much thereof as may be necessary }‘E.’i.?§§lS.i{' E§Zi$§PE..yi}$.2 3$“l?§.§“2!J£Z “g“£i.1i§} `°h° “°"° °f ki" · · m se . wggh ljgggggr Q}; Sec. 446. In such action the plaintiff may recover the value of all caved. the assets received by all the defendants in the action if necessary to satisfy his debt; and the amount of the recovery shall be apportioned among the defendants, in proportion to the value of the assets received by each; and no allowance or deduction shall be made. from such plmounjs onb acccgurft of dthere being other next of kin to whom assets ave a so een e 1vere . m§_',‘§,’{,§,,fQu'§,§‘u0‘,‘}‘{§ Sno: 447. Any one of the next of kin against whom_a recovery is oomool oo¤¤ib¤¢io¤· had pursuant to section four hundred and forty-six may maintain an action against all the other next of kin of the deceased person to whom any such assets have been delivered jointly, or against any of them separately, for a just and equal contribution, and may recover of each defendant such amount as shall be in the same proportion to the whole sum collected of the plaintiif as the value of the assets delivered to‘ such dplipndapt Iberia to the value of all the assets delivered to all the next o in o the ecease . - · l,,$,‘{e€‘§°{;i;’§,,§§,‘},1§‘§§ Sec. 448. Legatees are liable to an action by a creditor of thetestator tho ¤=¤¤¤¤¤· to recover the value of any legacy rece1ved by them. The action may be maintainedagainst all·the legatees jointly or against any one or mcire 0% thelm severally. In such action the plaintiff shall not recover un ess e s ows— First. That no assets were delivered by the executor or administrator of the testator to his next of kin; or geconda That the value of such assets has been recovered by some ot er cre itor; or » · hThi{d. Tgat such assets are not sumcient to satisfy the demand of t e p ainti . And in the last case he shall recover only the deficiency. The whole amount which the plaintiff shall recover shall be ap ortioned among all the legatees of the testator in proportion to the value of their legapies respectively, and his proportion shall only be recovered of each e atee. coggvggdoggsggugg Sec. 449. In an action against several next of kin or legatees jointly against next or kin in- for assets delivered to them, if a recovery be had against such next of “"g“°°°S‘ kin or le tees, the cost of such action shall be apportioned among the sizvelpal <§;endants in proportion to the amount recovered again-st each o them. ‘ mf:1S;;¤$gg0$fer*g3 Sec. 450. A decree against several next of kin or legatees shall be gggirégganly sat1siied as to any one_ of them by the payment or sat1sfaction of the ,0 ,,,,,,1, pf,,,,,,,,_ _ amount recovered against such defendant. _ _ mgsérgorgie ggpggg Sec. 451. Heirs and devisees are liable to an action by a creditor of men- ancestor or an- a deceased person to recover the debt of their ancestor or testator to '“"°’· thehextentlpf tlip value of any realhpillopertyljnkheriited byl or devisc-id tot em. suc action be againstt e eirs, a the eirsw o are liab e . shall be made rties to the action. mI¤w§£¤¤€;g$ #$1 Sec. 452. Bnliii the heirs are not liable for the debt, unless it appear nam. that the personal assets of the deceased were insufficient to disc arge it, or that after due proceedings the creditor has been unable to collect the debt from the personal re resentatives of the deceased, or from his next of kin or egatees. [lf) the personal assets were sufficient to pay a part of the debt, or in case a part thereof shall have been col- _ ected, the heirs of such deceased person are liable for the residue. ,§$°“},“ Q, ’{$§,€f,g Sec. 453. The section last preceding shall not affect the liability of Qggtesgrgrggdxdgwn heirs for a debt of their ancestor w ere such debt was by his will