Page:United States Statutes at Large Volume 31.djvu/1303

 FIFTY-SIXTH CONGRESS. Sess. II. Ch. 854. 1901. 1251 Sec. 388. lf there be no widow or relations of the intestate within ES°h*’*“· the fifth degree, which shall be reckoned by counting down from the common ancestor to the more remote, the whole sur lus shall belong to the District of Columbia, to be disbursed by the (llommissioners of the District for the benefit of the poor. · _ _ _ Sec. 389. DISTRIBUTION or s1>Eo1r1o r1zorER·rY.—ln case the surplus c,§g§§g’;,‘g§}‘;?} °* “¥"` remaining in the administrator’s hands after payment of all just debts exhibited and roved or notified and not barred, or after retaining for the same, shall) consist of specific property or articles mentioned in the inventory or inventories, the- administrator, if he can not satisfy the parties, may apply to the court to make distribution, and the court may appoint a day for making distribution and by summons call on the said parties to appear; and the said court may, at the appointed time, proceed to distribute. — But if a majority in (point of value shall neglect to appear, or ap earing shall object to the istribution of the articles, or if the court shlall deem a sale of the said articles or any part of them more advantageous, a sale shall be directed accordingly, and the rules herein laid down relative to a sale by order of the said court shall be observed. Sec. 390. Whenever a distribution of specific articles is to be made —-bs‘tnéod1sinrerested the probate court may appoint two disinterested persons, not in any pm°n"’ way related to the parties concerned, to make such distribution among the persons entitled as to them shall seem meet and proper; or if, in —S¤1<*=- their opinion, upon a view of such articles, no distribution among the persons entitled could be by them made which would operate equally, but a sale thereof would be more advantageous to such persons, they shall return to the robate court their opinion in writing, and the court shall thereupon order a sale of such articles, upon reasonable notice, and cause the proceeds of such sale to be equally distributed among the parties entitled. Sec. 391. PARTIAL DISTRIBUTION.—`Vll€Il any person entitled, after Perris] disrriburiou payment of debts, shall be in want of subsistence or greatly straitened in his circumstances. and shall apply to the probate court by petition, and satisfy the court that he is in want of subsistence or greatly straitened in circumstances, and that it probably will not require more than one-half of the assets to discharge the debts, the court may direct the administrator to deliver to the petitioner any part of what_ the court shall suppose will be his distributive share, or any part of a legacy or bequest in money not exceeding one-third part, the said petitioner giving bond, with security approved by the court, to the administrator for returning the same or an equivalent, with interest, whenever so directed by the court; and the court shall have power to determine in a summary way on any such petition, after summons against such administrator duly returned "summoned" or "non est.” ’ Sec. 392.~SrEc1Fro BEQUEsrs.—And the court, in like manner, on Sv€¤i¤¤*>¢<a¤¤S¥S- any petition by a person in such circumstances to whom a specific legacy or bequest has been made, being satisfied that the assets, exclusive . of all s ecitic legacies, will not be nearly exhausted by debts, may direct tlge executor or administrator with the will annexed to deliver to the petitioner the said specific legacy or bequest on his giving bond as aforesaid. SEo. 393. BEQUEST ro FEMALE.···VVllBl’€ a bequest of personal prop- B°q“*’S‘ “’*°m**1€— erty or money is made to a female and directed by the will to be paid on herattaining to full, mature, or to a lawful age, such female shall be entitled to receive and demand Such personal property or money on her arriving at the age of eighteen years or being married. ¤ SEo. 394. MEETING or LEGATEES. on NEXT or KrN.—Any adminis- Of},g§g‘g§g§ul€g¤‘€€¤ trator shall be entitled to appoint a meeting of persons entitled to dis- ` tributive shares or legacies or a residue, on some day by the court approved, and payment or distribution may be there made under the court’s direction and control. _