Page:United States Statutes at Large Volume 31.djvu/459

 FIFTY-SIXTH CONGRESS. Sess. I. Ch. 786. 1900. 407 expressly charged exclusively on the real properties descended to such heirs, or where such debt is by the will expressly directed to be paid out of the real property descended before resorting to the personal property. Sec. 454. In cases where the next of kin, legatees, heirs, and devi- igrgfgexjee vghdebfg. sees are liable for the debts of their ancestors, as herein provided, an ° m Km °r°°' they shall be liable therefor without other priority or preference than such ancestors would be. The word "debt," as used in this chapter, shall be construed to include all claims for the payment of money which survive against the personal representatives of the deceased, as prgvidedin sictipln four hundred ang forty-flour. f h H d t no. 455. ju i ent against an eir or evisee on account o the PW 5.** g***€** debt of his ancestogiildr testator may be enforced by execution against gfiiriilggthelrordewsee the real property shown to have descended to the heiror devisee, and not otherwise. Such judgment shall have preference as a lien on such real property to any ju ;  ent or decree obtained against such heir or devisee on account of a • cbt or demand due in his own right. Sec. 456. When it appears in the action thathefore the commence- Seéghigsggirlg <>gi¤gfiment thereof the heir or devisee has aliened the real property descended P ° Y ° °' to him, or any part thereof, he shall be personally iab e for the value of the property so aliened, and a judgment may be given against him therefor, to be enforced by execution, as if the judgment were for his own debt. No real roperty aliened in good faith and for a valuable consideration by an heir or devisee before action commenced against him is liable to an execution for the debt of his ancestor or testator, or in- any manner affected by the judgment therefor against such heir or devisee. l ‘. Sec. 457. In an action aglainst several heirs jointly, or several devi- Judgment against secs jointly, the amount w ich the plain-tid recovers must be appor— Z$Z§E?,i1iii;”¢§i,g°.§‘; _ tioned among all the heirs of the ancestor or devisees of the testator in {’h‘;Q_*°**°d *********8 pro}portion to the value of the real property descended or devised, and suc proportion only can be recovered of each heir or devisee. Sec. 458. A devisee shall not be liable to the creditor of his testator wligsljigges ¤<>¢ linbgg A unless it appear that the personal assets of the testator and the real ° °r°°"°°sS€ ‘ property descended to his heirs were insufficient to discharge the debt, or unless it appear that after due proceedin the creditor has been unable to recover the debt, or any part thereoisfrom the personal representatives of the testator or from his next of kin, legatees, or heirs. Sec. 459. In either of the cases specified in the section last receding O1{{¤¤*<=f<>r<*¤¤¤*¤¤¢v the amount of the deficiency of the personal assets, and of) the real y` property descended, to satisfy the debt of the plaintiff, or the amount which such plaintiff may have failed to recover from the personal rep- Jesentatives of the testator, his next of kin, legatees, and heirs, may be recovered of the devisees of such testator, to the extent of the value of the real property devised to them respectively. Sec. 460.. The two sections last preceding shall not affect the liability mfgouggwtgdjggcgecof devisiees {or a gebt cif thei; testator gvherelsuch debt vgas bydhis will gisghlvrigf $2 ansi e ress c ar exc usive y u n the rea ro ert evise, or b ,.,,,1 ,0 H, b" th tl2fd)term5s of tg; will made payal-ile by the degiseg, oryout of the  Wm- P pe Y y 9 property devised, before resorting to the personal property or to any other real property descended or devised.