Page:United States Statutes at Large Volume 76A.djvu/706

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–610–

-610§ 1632. Claims presented to executor or administrator; allowance or rejection When a claim, accompanied by the affidavit required by this subchapter, is presented to the executor or administrator before filing, he shall indorse thereon his allowance or rejection, with the date thereof. If he allows the claim, it shall be presented to the judge for approval. The judge shall, in like manner, indorse upon the claim his approval or rejection. If the claim is approved, it shall be filed with the clerk within 30 days thereafter. § 1633. Failure to act on claim; presentation by notary; acting on timely claim after time (a) If, where a claim has been filed without presentation, the executor or administrator refuses or neglects to file his allowance or rejection for 10 days after the claim has been filed, or if, where a claim lias been presented before filing, the executor or administrator refuses or neglects to indorse his allowance or rejection for 10 days after the claim has been presented to him, or if the judge refuses or neglects to indorse his approval or rejection for 10 days after the claim has been presented to him, the refusal or neglect may, at the option of the claimant, be deemed equivalent to a rejection on the tenth day. If the claim is presented before filing by a notary, the certificate of the notary, under seal, is prima facie evidence of the presentation and the date thereof. (b) If a claim is filed with the clerk, or presented to the executor or administrator, before the expiration of the time limited for the filing or presentation of claims, the claim is filed or presented in time, though acted upon by the executor or administrator, and by the judge, after the expiration of the time for filing or presenting it. § 1634. S t a t u s of allowed claims; contest of validity Every claim allowed by an executor or administrator and approved by the judge shall be ranked among the acknowledged debts of the estate, to be paid in due course of administration; but the validity thereof may be contested by a person in interest, at any time prior to the settlement of the account of the executor or administrator in which it is first reported as an allowed and approved claim, unless established by a judgment against the executor or administrator. § 1635. Record of claims allowed The clerk of the court shall enter in the appropriate book the date of allowance of each claim, together with the amount allowed. § 1636. Notice of rejection; action by claimant; time If a claim is rejected either by the executor or administrator, or the judge, written notice of the rejection shall be given by the executor or administrator to the holder of the claim or to the person filing or presenting it, and the holder may bring suit in the proper court against the executor or administrator within three months after the date of service of the notice if the claim is then due or within two months after it becomes due, otherwise the claim shall be forever barred. If it appears to the satisfaction of the court that the residence of the claimant is not known, the court shall by its order require the notice to be served on the claimant by filing with the clerk. The time during which there is a vacancy in the administration is not included in the limitations prescribed in this section for bringing action on the rejected claim.