Page:United States Statutes at Large Volume 47 Part 1.djvu/1068

 1044 72d C ONGRESS. SESS. II. CH. 12 7. FEBRU ARY 27, 1933 . charges and expenses of administration ; and any such allowance, whenever made, m ay, in t he discr etion of the cour t or jud ge, take effect from the death of the decedent. Apportionment of SEC. 791. PROPERTY SET APART HOW APPORTIONED .-When prop erty property. is set apart to the use of the family, in accordance with the provisions of this chapter, such property, if the decedent left a surviving spouse and no minor child, is the property of such spouse. If the decedent left also a minor child or children, the one half of such property belongs to the surviving spouse, and the remainder to the child, or in equal shares to the children, if there are more than one. If there is no surviving spouse, the whole belongs to the minor child or children. Administrationwhen SEC. 792. ADMINISTRATION OF ESTATE NOT EXC EEDIN G $1,000 IN estate does not esesed $1,000 . vA L u E .-If a deceased person leave a widow or minor c hild dr minor children and upon the return of the inventory of the estate of such deceased person it shall appear to the court or judge by the veri fied petition of the personal representative of such deceased person or his widow or of the guardian of his minor children or of any of th em that the net value of the whole estate of said deceased over and above all liens or encumbrances of record at the date of the death of said deceased does not exceed the sum of $1,000, not including the prop- Peat, P. 1181. erty exc epted fr om admin istratio n, under section 418 of t he Civil Code, the court, or judge, shall, by order, require all persons inter- ested to appear on a day fixed to show cause why the whole of said estate should not be assigned for the use and support of the family of the deceased. Notice of hearing . NOTICE OF H EA R I NG .--Notice ther eof shall be giv en and proceedin gs Ante, p. 1043. had in the same manner as provided in section 788. Proceedings. PROCEEDINGS ON HEARING .-If upon the hearing, the court finds that the net value of the estate over and above all liens or encum- brances of record at the date of the death of said deceased does not exceed the sum of $1,000, not including the property excepted from administration under section 418 of the Civil Code, it shall, by decree for that purpose, assign to the widow of the deceased, if there be a widow, or There be no widow, then to the minor children of the deceased, if there be minor children, the whole of the estate subject to wha tever mort gages, lien s, or encum branc es th ere ma ybe u pon said estate at t he time of the d eath of said dec eased, after the pay- ment of the expe nses of the last illness of the d eceased, funeral charges, and expenses of administration, and the title thereof shall vest absolutely in such widow, i f there is a wid ow, or if there i s no widow, in the minor children or child, subject to whatever mort- gages, l iens or encumbra nces the re may b e upon sa id estat e at the time of the death of the deceased, and there must be no further pro- ceedings in the administration, unless further estate be discovered. When all property to SEC. 793. WHE N ALL PROPERTY TO GO TO CHILDREN .-If the widow go to children. has a ma intenanc e derive d from h er own p roperty e qual to the por- tion set apart to her by the preceding sections of this chapter, the whole property so set apart must go to the minor children. CLA IM SAG AI NST CH AP TER 2 8 .-CLAIM S AGAINST ESTATE ESTATE. Notic e to cr editor s, SEC. 794 . NOTICE TO CREDITORS OF DECEDENTS' ESTATES .-EVery exec- by pu blicati on. utor or administ rator must, imme diately after hi s letters are iss ued, cause to be publ ished in some ne wspaper of gener al circulation in the Canal Zone, a notice to the creditors of the decedent, requiring all persons having claims against said decedent to file them, with the necessary vouchers, in the office of the clerk of the court, or to exhibit them, with the necessary vouchers, to the executor or administrator, at the place of his residence or business to be specified in the notice.