Page:United States Statutes at Large Volume 31.djvu/521

 FIF'l.`Y·SIXTH CONGRESS. Sess. I. Ch. 786. 1900. 469 sioner shall make an order directing notice thereof to be given in the samemanner as the notice of an appointment of an executor or administrator, and appoint a day not less than sixty days subsequent thereafttar for th; ea;ring of objections to suc final account and the se ement ereo .. Sec. 863. An heir, creditor, or other person interested in the estate acg= *Qvlf£1¤;l gay, on gr beforetlgie day appointed forsucg hearing and settlement, and wnén sims. ' e his o jections ereto orto any particu r item thereof s'it ·. ing the patgticullsirs of such Ebjectigns; hbutbx;0 creditgr shall be-aliladwfgrd t0ui3]0O' " t suc accountwosec im as en satis ed asalowedbi the executor or administrator or established by judgmeint. · 5 Sec. 864. Upon the hearing the court shall give ·a decree allowing _ neeree upon ann or—disal%ll1owin1g~the;f§nalalpcgunt, either in whsle or in part, as may be $¤°§r°§§}l °“d °°°°’ just a rig tr an suc ecree in any oter action or roceedin between the parties interested or their representatives id evtlréilggce of t_ e correctness of the {account as thereby allowed and use . ‘   . j Sec. 865. An executor or administrator is chargeable in his account Administrator with all the property of the estate which may come into his posses- gldldigiibiiihiredvtddyi sion, at the Ezluehgf the aippraisement ézgpmined in the inventory, except as in is c ter otherwise rovi ‘ . Sec. 866} Iggshallp not mal? ppoiilzgay pple iinécrease in value of the W32; lygpguagrgiuis roperty o · estate or su er I oss or 2 e" crease in value or the “ ' Hestruction thereof, without his fault; and if any of the property of _ ttlge estate sell more than its appraisgild gralup he_ ghall account for e excess anany suc property se or ess t an itsj raised value he shall not be responsible for the loss, unless occasion?lpby_ his fault. He shall not beaccountable for the debts due the estate if it appear that theyremaip iunoollected  his fault. _1-Ie shall not purchase any claim again? thp estagelwhich he re[ires€nts,_hand if he ` esanysu c im or esst nitsnomina vane eisony entitled to charge in his account the sum actually paid. . p Sec. 867. executor or administrator shall be allowed, in the set- Expenses and com- ‘ tlement of his account, all necessary expenses incurred in the care, §'l'i,'lTi°“ °‘“°“““"” management, and settlement of the estate, including reasonable attor- 3$’Q?..i§°;2f” i*‘Z.“i€?.°22“.·%.£l§ii?i?§.ii’f3.“2l$Z Z‘$.%t“.`i§§.p.¤..**g*E?°”i“ . · ion as the law provides; but when the deceased, by his  has made special provision for the compensation of his executor,   executor is not enttggled to apay otlxr ei¢;1n1pensati¤¥IiD for hislgservgges udnless he shall,  in ten ‘ys al er ‘ °s appoin"ei1‘t     an file wit the icoginégiitssroplervailxivritten declaration renoixncing the compensation pro- ,·v¤i ytaf-. ._ .  .. Sec. 868.fNotwitlistandi% ge provisign in ip? Will for the cog- Samuubiectpensation o' an executorve estate einsu cient to satisfy ” e plaims agairat it, the commissioigzpreeshgl feduce such compensation, so ar as may ‘ necessary to satis suc c aims to an amount equal to ‘;vah(1ii);ehe executor would have been entitled atc if no such provision e · v n 8 e. _ a _ Sec. 869. The compensation provided by law for an executor or jan m%°¤¤*¤f ¢¤¤=¤¢¤· is a commission upon the whole estate accounted for by. ` im as 0 ows: ‘ First. For the first theéusand dollars, or any less sum, at the rate of seven per centum thereo · _ » d Suicond. Ellor all apcgivehzhat suitnugngl not Exceeding two thousand o ‘rs,atterateo vepercen ’ ‘ erco· ‘ d 'ilfhhird. F? all aboyi two thousand audi not éxceeding four thousand 0_rs_tt_ rateo our. rcentumtereo; _ Fouizth. Ftér allf-above th; last-mentioned sum, at the rate of two per centum ereo. ·