Page:United States Statutes at Large Volume 31.djvu/512

 460 Fnrrr-six*r11 coueanss. sm. 1._ cn. 786. 1900. that is a legal tender is to be appraised at its nominal value; but debts of all descriptions or kinds are to be appraised at that sum which, in the judgment. of the ap raisers, may be realized from them by due process of law. When tgreappraisement is completed, the inventory shall be signed by the appraisers. _ him, but the claim shall be inclu ed in the inventory; and if the r- son so named afterward take upon himself the administration oghe estate he shall be liable for such sum as for so much money in his hands at the time the claim became due and payable; otherwise he is ·* liable for such claim as any other debtor of the deceased. Oygsgggggggggjvmt ·SEc. 807. The discharge or bequest in a will of any claim of the ` testator against a person named as executor therein, or against any other person, shall, as against the creditors of the deceased, e in_vali. Such claim shall be included in the inventory, and for all purposes of administration is to be deemed and treated as a specific legacy of that amount. ‘ P"° "‘Yd“°°"°‘”°€l Sec. 808. lf, after the iilin of the inventor Y,. ro erty not menmer Raugmmmhtioned therein shall come tg the knowledge hr ppogsession of the executor or administrator, it is his duty immediately to make an inventory thereof and cause the same to be a praised in the manner _ prescribed in this title and iile the same with the commissioner. i ,,§,*gg@c§“§§u§‘;,}§°gg Sec. 809. The executor or administrator is entitled to the possession 1>r¤p<=r¤>·- and control of the propertv of the deceased, both real and personal, and to receive the rents and profits thereof until the administration is completed, or the same is surrendered to the heirs or devisees by order of the court or judge thereof; but where such property, or any portion thereof, is in the possession of a third person, by virtue of a valid subsisting lease or bai ment, the possession and control of the executor or administrator is subordinate to the right of the lessee or bailee. Duringthe time the property is in the possession or control of the executor or administrator, it is his_duty to keep the same in repair and preserve it from loss or decay as far as possible. ., “Y‘Q}f¤Sggg‘g}{,‘é“*;,’;gj,€ Sec. 810. Whenever it appears robable from the aihdavit of an my orwritinss. executor or administrator, or of anllneir or other person interested in the estate, that any person has concealed or in any way secreted or disposedof any proplerty of the estate, or any writing relating or pe1·- taining thereto, or t at such person has knowledge of anfy such propertg or writing being so concealed, secreted, or disposed o, and refuses to isclose the same to the executor or administrator, the commissioner, upon the application of such executor or administrator, may cite such person to appear and answer under oath concerning the matter charged. ,,,ff,°,§§°sl$,§h$,’g’{,§,},';f‘ Sec. 811. Such examination may be oral or upon written interrpg- . atories filed by}; the applicant, but in either case the answers of e persons cited s all be reduced to writing and subscribed by him and hled. _If such person be not in the precinct where administration is granted, the proceeding may be either before the commissioner of such precinct or before the commissioner of the precinct where such person resides or may be found. In the latter case a certified copy of the ’ written interrogatories, if any, and the examination O1' other proceeding thereon, or connected therewith, shall be Eled with the commissioner Proceeding in me wlgare agginjitgtion is grantedécd f to h nc. . e rson so CI re uses a ear or answer suc . gghzxmu {ammo interrogatories as nl-gsy be allowed to be put to hlill,1 touching the matter charged he may be punished fo1' a contempt or may at once be committed,_ by the warrant of the commissioner, to jail, there to remain in close custodly until he submits to the order of the commissioner. p,j°§i"{-§’,§1§§{g ‘° °°'“‘ Sec. 813. T e commissioner, upon the alpplication of the executor or administrator, may cite any person who as been intrusted with any
 * mgggti Qgjvlm rgrgg _ Sec. 806. The naming anyone executor in a will shall not operate to
 * •"" scum. discharge such executor from any claim which the testator ha against