Page:United States Statutes at Large Volume 31.djvu/514

 462 FIFTY·SIXTH CONGRESS. Sess. I. Ch. 786. 1900. CHAPTER EIGHTY-FOUE. or CLAIMS AGAINST THE ESTATE. Sec. Sec. 820. Publication of notice and contents 825. Jud ent against deceased in his thereof. ligtime. · 821. Proof of tpubliggon; effect of not 826. Wgielnsgnd how claim may be re- ` resen in c. e. 822. Glgim, howgmresented, and veridca- 827. Proceeding by referee, and effect of. tion of. _ 828. gaim of executor or administrator. 823. Clggipntao be ta¥ovgGe¢;lg geffected; if 829. » ow such claim maybe determined. ·, no o w. . 824. Effect oggudgment against executor or mimstrator. t,g;¤*,§;$,¤*;°guQ;!§g Sec. 820. Every executor or administrator shall, immediately after mms:. his appointment, fpublish a notice thereof in some newspaper published in the precinct, i there be one, or otherwise in such paper as may be designated by the commissioner, as often as once a week for four successive weeks, and oftener if the commissioner shall so direct. In case of publication in a paper published without the precinct, the executo1· or administrator shall also post a notice in at least three public places, to be designated by the commissioner in his order, one o whic shall be at or immediately adjacent to the st-office nearest the residence of the decedent at the time of his death? Such notice shall require all persons Having claims against the estate to present them, with the proper vouchers within six months from the date of such notice, to the ezgeeéutor or the administrator, at a place within the precinct therein speci e. . - ti§1r9;;,6g0,l;1*;Q§§ggj [ Sec. 821. Before the expiration of the six months mentioned in the enting enum. last section, a co y of the notice as plublished, with the proper proof of publication, ghall be Bled with the commissione1·. A claim not presented within six months after the first ublication of the notice is not barred, but it can not be paid until the claims presented within that period have been satisfied, and if the claim be not then due, or if it be contin nt, it shall nevertheless be presented as any other claim. Until the agsiinistration has been completed a claim against the estate not barred by the statute of limitations may be presented, allowed, and paid out of any assets then in the hands of the executor or administrator not otherwise appropriated or liable. Glédim. érowmgggj Sec. 822. Every claim presented to the executor or administrator gu Ori °° V shall be verified by the aiiidavit of the claimant or some one on his behalf who has personal knowledge of the facts, to the effect that the amount claimed is justl due, that no payments have been made thereon, except as stated, and that there is no just counterclaim to the same, to the knowledge of the aiiiant. When it a pears or is, alleged that there is any written evidence of such claim, tllle same may be demanded by Ehe executor or administrator, or that its nonproduction be accounted or. ‘ Glagnégpgfgigéd Sec. 823. When the claim is presented to the executor or administraghtethbeallowed. ’ to1·, as prescribed in the last section, if he shall be satisfied that the ‘ claim thus presented is just, he shall indorse u on it the words " examined and approved," with the date thereof, and) sign the same omciall, and shall pay such claim in due course-of administration; but if ge shall not be so sagisiied, he shall indorse thereon the words " examined _ and rejected," th the date thereof, and sign the same officially. Every executor or administrator shall keep a list of all demands legally exhibited zlgginst the estate of the testator or intestate, and shall, every three mon _ , file with the commissioner a statement of all such claims as have been presented, and whether the same have been allowed or rejected by him. If any executor or administrator shall refuse to allow