Page:United States Statutes at Large Volume 47 Part 1.djvu/1070

 1046 72d CONG RESS. SESS. II. CII. 127 . FEBRUARY 27, 1933 . it and his allowance or rejection thereof must be in writing and Presentation of sf- filed with the clerk. If the executor or administrator so allow the lowed claim to court. claim after filing, the clerk must, immediately . after the filing of such allow ance, prese nt th e cla im tog ether with the a llowa nce, to the judge, and must at the time of such presentation indorse on the Action by judge. claim the date thereof. The judge must indorse upon the claim so Proce dure when filed his allowance or rejection, with the date thereof. When a claim presented to ex- ecutor, etc ., before fu- claim, accompanied by the affidavit required in this chapter, is ing. presented to the executor or administrator before filing, he must indorse thereon his allowance or rejection, with the day and date thereof. If he allows the -claim so presented, it must be presented to the judge for his approval, who must in the same manner indorse upon it his allowance or rejection, and, if allowed, it must ; within thirty days the reafter, be filed with the clerk. REFUSAL OR NEGLECT OF EXECUTOR TO ALLOW OR REJECT CLAIM .- If, where a claim has been filed without presentation, the executor or administrator refuse or neglect to file such allowance or rejection for ten days after the claim has been filed, or if, where a claim has been presented before filing, the executor or administrator refuse or neglect to indorse such allowance or rejection for ten days after the claim has been presented to him, or if the judge refuse or neglect to indorse such allowance or rejection for ten days after the claim has bee n presen ted to hi m, such refusal or negle ct may, at the o ption of the claimant, be deemed equivalent to a rejection on the tenth day ; and if the presentation be made before filing by a notary, the certifi cate of such nota ry, unde r seal, shall be prima f acie evi dence of such presentation and the date thereof. ACTING ON CLAIM AFTER EXPIRATION OF TIME TO PRESENT.-If the claim b e filed with the clerk, o r presen ted to t he execu tor or a dmin- istrato r, befor e the exp iration of the t ime limi ted for the fili ng or - presentation of claims, the same is filed or presented in time, though acted upon by the executor or administrator, and by the judge, after the expiration of such time. Payable in particular CLA IM PA YARi .F IN PARTICULAR KIN D OF MONEY .-If the claim is kind of money. paya ble ina par tic ular kind of money or currency, it shall, if allowed, be payable only in such money or currency. Effect of allowance. EFFECT OF ALLOWANCE .-Every claim allowed by the executor or administrator and approved by the ju dge shall be ranked among the acknowledged debts of the estate, to be paid in due course of administration. Entry of date of ENTR Y OF DATE OF ALLOWANCE .-The dates of allowance of every allowance' such claim, together with the amount allowed, must be entered in the register by the clerk after the allowance thereof by the judge. Original in strument SEC. 801 .-ORIGINAL INSTRUMENT NEED NOT BE FILED WITH CLAIM.- need r,t be sled. If the claim be founded on a bon , bill, note, or any other instru- ver iaea copie s. ment, the original need not be file or presented, but a verified copy of su ch instrument with all indorsements must be attached to the statement of the claim and filed therewith, and the original instru- ment must be exhibited, if demanded by the executor or administra- tor or judge, unless it be lost or destroyed, in which case the claim- ant must accompany his claim when filed or presented by his affi- davit, containing a copy or particular description of such ins tru- ment, and stating its loss or destruction. Mortgages and liens. If the claim, or any part thereof, be secured by a mortgage or other li en which has been recorded in the office of the Registrar of Property, it shall be sufficie nt to describe th e mortgage or lien, and refer to the date, volume, and page of its record. Fai lure of ex ecuto r, etc., to act. Action on, when flied after expiration of time.