Page:United States Statutes at Large Volume 31.djvu/1297

 FIFTY-SIXTH CONGRESS. Sess. II. Ch. 854. 1901, 1245 interest on such claim or proportionable part shall cease from that time: Provided, That the executor or administrator shall at any time ff,'{,’g§§j’,;€m pay, thereafter on demand pay the said claims, or a proportionable part, to mént to the party, his agent, or attorney duly authorized; and whenever the executor or administrator shall proceed to make an additional ayment d€l},‘},‘§*§§g*“‘ dl V *· or dividend he may advertise as aforesaid, and interest shall) sto as " ` aforesaid; and if at the time for the making of any additional dividiend a just claim, established as hereinbefore directed, shall be exhibited, the creditor shall be entitled to such sum as will lace him on an equal footing with those who have already received a dividend. Sec. 346. RETAINING ron oLA1Ms.——It shall be the duty of an exec- iéemgeéng gw claim utor or administrator to pay all just claims against his decedent exhib- BO ex 1 I 9 ` ited to him, or a just roportionable part thereof, according to the assets; and if any claim be lgnown to him (although the same be not exhibited) he shall retain the same, or a just proportionable part, for the beneiit of the creditor: Provided, That if any executor or administrator shall __§gg;j;¤i0 mmm have actual knowledge of a claim which has not been exhibited or ` Inssed he shall give notice in writing to the creditor, requiring the claim to be either exhibited or passed, as herein provided, within thirty days if such creditor be a resident and within ninety days if he be a nonresident of said District, and after the expiration of such period, and after the expiration of the period for distribution provided y section three hundred and forty-four hereof, the executor or administrator shall not be required to retain any part of the estate for the beneiit of such creditor, unless in the meantime such claim shall have been so exhibited or passed. Sec. 347. And if any action shall be commenced against an executor R¤;»¤ii¤i¤s fgriudsor administrator for the recovery of a larger debt or damages than he gdi1lt10r€hi§kstdi1Id.exshall think due, so that the same can not be ascertained before verdict, the executor or administrator shall be allowed to retain such sum to meet the said debt or damages as the probate court shall allow, and if more than enough be allowed, the party shall afterwards account for it, but nothing shall be retained on account of such further debt or damages where the court shall be satisfied that there will be money sufficient coming in after such dividend to meet the said damages, or a just proportion thereof, regard being had to other claims. ' Sec. 348. If a claim be exhibited against an executor or adminis- Eggiglgjmiggjch gw trator which he shall think it his duty to dispute or reject, he may Sp €’€°' retain in his hands assets proportioned to the amount of the claim, which assets shall be liable to other claims, or to be delivered up or distributed in case the claim be not established; and if on any claims exhibited and disputed as aforesaid the creditor or claimant shall not, _ within nine months after such dispute or rejection, commence a suit for recovery the creditor shall be forever barred; and the executor or administrator may plead this section in bar, together with the general issue or other plea proper to bring the merits of the cause to trial; and on any dividend to be made nine months after such dispute or rejection and failure to bring suit the executor or administrator may proceed to pay or distribute as if he had not knowledge or notice of such claim or as if it did not exist; but if the claim be put in suit within the nine months it may be ascertained by verdict or otherwise, and the court shall proceed as herein directed, regard being had to the rules herein laid down as to the notice to be given by the executor or administrator and distribution or payment be made after such notice. . SEo. 349. CLAIMS MADE AFTER DISTRIBUTION.—·Ill case all the assets d.<i1ej)mg_ made after have been paid away, delivered, or distributed as herein directed, and is H u m` a claim shall afterwards be exhibited- of which the executor or administrator hath not knowledge or notice by the exhibition of the claim legally authenticated, as herein required, he shall not be answerable SwE§§g;Q°;,c“°° *'¤· for the same; and if he be sued for any claim and shall make it appear' `