Page:United States Statutes at Large Volume 31.djvu/523

FIBTY-SIXTH CONGRESS. Sess. I. Ch. 786. 1900. 471 of the commissioner be either satisfied from the proceeds of the sale of the property by the executor or administrator upon which it is a lien, or en orced by execution against such property. Such sale by the executor or administrator discharges the property from the lien 'of the judgment, but the- same attaches to the proceeds thereof, after deducting therefrom the expenses of sale. ‘ Sec. 875. Exceg as specially provided in the last three sections, if gfg¢¤;¢ggg%¤¤e¤;cie¤r.‘ the. estate be insu cient to pay a l the claims and charges of any one goluuil. up"' - class, payable within any period of six months during the administration, as provided in section eight hundred and seventy-two, each creditor of such class shall be paid in proportion to the amount of his _ claim, and not otherwise. Sec. 876. The executor named in the will, or if there be none, or if Funeral charges he do not attend to it, then the husband, widow, or next of kin, in the ,‘Z§§,,’},‘§§,,l§§}"` mi order herein named, are authorized to incur funeral charges on account of the estate in the burial of the deceased before administration of the estateis granted, and the burial of. the deceased may be in a manner ` and at a cost according to his circumstances and condition in life; but no funeral charges, except those necessary to give thedeceased a plain and decent burial, shall allowedout of the estate where the assets are not sufficient to satisfy all other claims againstit, including the legoies and devises, if there be any. V no. 877.. The executor or administrator may retain in his_ hands, in mggyggyggggg preference to any claim or charge against the estate, the amount of me expense}: is own compensation and the necessary expenses of admmistration. Sec. 878. .A debt due.and payable is not entitled to preference over c.,1§$§f§e,§‘f" °“° °’ one of the same class not due if the latter be presented within the same period. A debt_not due, whether contingent or absolute, upon being presented shall, if absolute, be satisfied by the payment of such sum as the commissioner may prescribe by o er to be equal to its present value, and if contingent, by the payment into court for the " enefit of the creditor, subyect to the contingency, of a sum, to be ascertained in like manner equal to its present value. -Sec. 879. When, upon the filing of a semiannual account, an order Hvgnen administrator is made determining and prescribing the amount of assets applicable .,,;,,5,}}* “°°m°' P"' to the claims then presented, as provided in section eight hundred and sixty-one, thereafter the executor or administrator is personally liable ‘ to each creditor included in such order for such amount. Sec. 880. If all the charges and claims shall have been satisfied upon Di¤¤ri1;¤H<>¤cg¤d the first distribution of the assets, or as soon thereafter as the may °°ym°° ° °g° °"` be, the commissioner shall direct the payment of lglgacies and the distribution of the remaining proceeds of the personproperty among the heirs or critglier pplrsons entitlgdtlthtgeto. d th f th- ’ _ no. 881. e re ‘ ro rty o e ecease is e ropert o cse Wim r<+¤1r>¤;v¤¤_ to whom it descends bly lag; or is devised by will, subiiact to the posses- adv ‘ sion of the executor or administrator, and to be applied to the satisfaction of claims against the estate `as by this chapter provided; but upon _ the settlement of the estate and the termination of the administration thereof so much of such real property as remains unsold or unappropriated is discharged from such possession and liability without any order _ or decree therefor. But if there be any surplus of the proceeds of sale of such real property, or any part thereof, the commissioner shall order and direct a distribution of such surplus among those who wouldhave been entitled to such land if the samehad riot been sold. Sec. 882. At any time after the Bling of the first semiannual account Appgicuricn of hgir any heir, devisee, or--leqatee may apply to the commissioner by petition §{¤$§0€Q,§°£°” °' for an order that he have the possession and rents and profits thereof of the portion of the real property to which he may be entitled, and that payment be made to him of his legacy or distributive share of the personal property of such estate, as the case may be.