Page:United States Statutes at Large Volume 31.djvu/1298

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1246 F IFTY-SIXTH CONGRESS. Sess. II. Ch. 854. 1901. to the court in which suit is brought that he hath so aid away, delivered, or distributed, and the plaintiff can not rove that the defendant had notice as aforesaid before such payment, delivery, or distribution, the court shall not roceed to give judgment (although the amount of the claim against the deceased may be ascertained) until the plaintiff shall be able to show further assets coming into the defendant’S hands, but if the plaintiff shall rove notice, as aforesaid, of the said claim against the defendant, judgment may be immediately given for such sum as the plaintiff ought to have received at the dividend, and iieri facias may issue and have effect, and further judgment may be given on coming in of further assets. . t0§,*{;igj>a;lg>1s°*°di°°’S Sec. 350. NOTICE TO CREDITORS TO FILE GLA1Ms.—No executor or ' administrator who shall, after the lapse of one year after the date of his letters, have paid away assets to the discharge of just claims shall be answerable for any claim of which he had no knowledge or notice by an exhibition of the claim legally authenticated: Provided, That at least six months before he shall make distribution he shall have caused to be inserted in so many newspapers as the probate court may direct an advertisement as follows, or fully to the following effect, namely: “This is to give notice that the subscriber, of , hath obtained from the robate court of the District of Columbia letters testamentary (or ofp administration) on the personal estate of - - .. , late of deceased. All persons having claims against the deceased are hereby warned to exhibit the same, with the vouchers thereof legally authenticated, to the subscriber on or before the .. day of - - - - next; they may otherwise by law be excluded from all benefit of said estate. " Given under my hand this day of - - - -.” ggggft wd P’°°*°f Sec. 351. REPORT AND raoor or No·r1GE.—The_executor or administrator may report to the court, with an affidavit of the proof thereof annexed, the fact of havin given such notice, and the court, on being satisded that their order has been complied with and the said notice has been given, shall indorse on said report their certificate that it has been proven to their satisfaction that said notice hath been given as therein reported, and shall order said report and certificate to be recorded among the records of the court. gggffht °*· as °"i‘ Sec. 352. The said report and certificates shall be prima facie evi- ` dence? in all cases whatever, of the giving of. such notice as therein state . r `°‘°°p"· Sec. 353. A copy of said report, certificate, and order, under the seal of the register of wills, shall be legal and competent evidence. D°°k€*¤‘°l¤imS· Sec. 354. DOCKET or GLA1MS.—The register of wills shall enter in a suitable book, to be provided by him for that purpose, all claims against a decedent as they are regularly passed by the probate court, giving the date of the passage, the name of the creditor, the character _ of such claim, whether on note or open account, bond, bill, obligation,

f€‘f§,§,§f’ b°“°“°°“’ judgment, or other evidence of debt, and the amount thereof, and the

entry of»a claim upon such docket shall be taken as notice to the executor or administrator ofits existence. §;§°;§g}§;¤g§c°f i“S· Sec. 355. The claim thus entered shall not afford any evidence as to ’the justice or correctness of any debt therein entered whenever the same shall be controverted by an executor or administrator in any suit instituted for the recovery of such debt; nor Shall the same be con- _ _ strued to take any debt out of the operation of a plea of limitations. P’i°"“"S· Sec. 356. PRIORITIES,—-IH paying the debts of a decedent, after the payment of funeral expenses according to the condition and circumstances of the deceased, not exceeding six hundred dollars, an executor or administrator shall observe the following rules: Claims for rent in arrear against deceased persons, for which an attachment might be levied by law, shall have preference. Judgments and decrees of courts