Page:United States Statutes at Large Volume 76A.djvu/720

From Wikisource
Jump to navigation Jump to search
This page needs to be proofread.

–624–

-624executor or administrator is entitled to his discharge on producing and filing the necessary vouchers and proofs showing that the payments Jiave been made, and that he has fully complied with the decree. § 1884. F u t u r e, contingent, or disputed claims Where there is a claim not due, or a contingent or disputed claim against the estate, the amount thereof, or such part as the holder would be entitled to if the claim were due, established, or absolute, shall be paid into court, and there remain, to be paid over to the party when he becomes entitled thereto; or, if he fails to establish his claim, to be paid over or distributed as the circumstances of the estate require. If a creditor whose claim has been allowed, but is not yet due, appears and assents to a deduction therefrom of the legal interest for the time the claim has yet to run, he is entitled to be paid accordingly. The payments provided for in this section may not be made when the estate is insolvent, unless a pro rata distribution is ordered. § 1885. Personal liability after decree for payment; execution When a decree is made for the payment of creditors, the executor

  • )r administrator is personally liable to each creditor for his allowed

claim, or the dividend thereon, and execution may be issued on the decree, as upon a judgment, in favor of each creditor, and the same proceeding may be had under the execution as under execution in other cases. The executor or administrator is liable therefor on his bond to each creditor. § 1886. Claims omitted from account When the accounts of the executor or administrator have been settled, and an order made for the payment of debts and distribution of the estate, a creditor whose claim was not included in the order for payment may not call upon the creditors who have been paid, or upon the heirs, devisees, or legatees to contribute to the payment of his claim; but if the executor or administrator has failed to give the notice to the creditors prescribed by law, the creditor may jecover on the bond of the executor or administrator the amount for which his claim would properly have been allowed. This section does not apply to a creditor whose claim was not due 10 months before the day of settlement, or whose claim was contingent and did not become absolute 10 months before that day. § 1887. Closing or continuing administration after first distribution If all the debts have been paid by the first distribution, the court shall direct the payment of legacies and the distribution of the estate among the persons entitled^ as provided by chapter 77 of this title; but if there are debts remaming unpaid, or if, for other reasons, the estate is not in a condition to be closed, the court shall give such extension of time as may be reasonable for a final settlement of the estate. CHAPTER 77—DISTRIBUTION AND DISCHARGE SUUCItAPTEB I—PRELIMINARY DISTRIBUTION

Sec.

1921. Petition for payment of legacies or shares. 1922. Hearing; order; bond. 1923. Order for payment of bond; action on bond. SUnCHAPTER 11

FINAL DISTRIBUTION

m.'Vl. Final distribution generally. 19.52. Petition; notice of hearing; contest; partition. wm. Decree of distribution; finality. 1954. Supplementary account of executor or administrator. 195.*?. Death of unmarried minor heir, devisee, or legatee. 1956. Death of heir, devisee, or ipgatee before distribution. 1057. Testamentary limitation of time for administration. 1958. Estates of nonresidents; delivery of property to State of residence