Page:United States Statutes at Large Volume 47 Part 1.djvu/1071

 72d CONGRESS. SESS. II. CH. 127 . FEBR UARY 27, 1933 . 1047 If, in any case, the claimant has left any original voucher in the in alvouchers, a eof ong hands of the executor or administrator, or suffered the same to be f iled with the c lerk, he may wi thdra w the same , whe n a c opy thereo f has been alre ady, or is then , att ached to his claim. SEC. 802 . REJECTION OF CLAIM AGAINST ESTATES.-When a claim is Rejection of. rejected either by the executor or administrator, or the judge, writ- ten notice of such rejection shall be given by the executor or admin- istrat or to the holde r of such claim or to the pers on fi ling or pr e- senting the same, and the holder must bring suit in the proper brSuit thereon, must be court against the executor or administrator within three months after the date of se rvice of s uch n otice if the cl aim be the n due or wit hin two mo nths after it b ecome s due , oth erwis e the clai m sha ll be forever barred. If the residence of the claimant is not known, and the same shall clerk . by fi ling with be made to appear to the satisfaction of the court, the court shall by its order require the notice to be served on the claimant by filing with the clerk. SEC. 803. CL MTMs BARRED B Y STATUTE .-No claim must be allowed by stain ms barre d by the e xecut or or admi nistr ator, or by the dist rict judge , whi ch is barred by the statute of limitations. Whe n a c laim is pr esent ed to the judge for his allowance, he may, in his discretion, examine the cl aiman t and othe rs, on oat h, and hea r any lega l evi dence touc h- ing the validity of the claim. ALLOWED CLAIMS NOT AA'r'ECTED BY STATUTE OF LIMITATIONS .-No Allowed claims not affected by statute of claim against any estate which has been filed and allowed, or pre- limitations . sented and allowed, is affected by the statute of limitations, pending the proceedings for the settlement of the estate. SEC. 804. ACTIONS ON cLAIMs.-No holder of any cl aim against Actions o n. a n estate shall maintain any action thereon, unless the claim is first filed with the c lerk, or p resen ted to the exec utor or ad minis trato r, except in the following case : An action may be brought by any holder of a mortgage or lien to enforce the same against the prop- erty of the estate subject thereto, where all recourse against any other property of the estate is expressly waived in the complaint, but no counsel fees shall be recovered in such action unless such cla im be so filed or presented. SEC. 805. TIME OF LIMITATION .-The ti me during wh ich there sha ll Ti me ofl imitation. bea vac ancy in the adm inist ratio n mus t not be i nclud ed in any limi- tations herein prescribed. Actions pending at SEC. 806. ACT ION P ENDIN G AT DECEDENT'S DEATH .-If an action is decedent's death. pendi ng ag ainst the deced ent at the time of his de ath, the p laint iff mus t in li ke manner fil e his claim wit h the clerk, or present it to the executor or administrator for allowance or rejection, authenti- cated as required in other cases ; and no rec ov ery shall be had in the action unless pr oof be made of suc h filing or presentation. SEC. 807. ALLOWANCE IN PART .-Whenever the e xecut or or admi n- Pa rtial allo wance e istrator or the judge shall act upon any claim that may be filed with the clerk, or presented to the executor or administrator, and is wil li ng to al low the sa me in part , he must state in his al lowan ce the amo unt he is willing to allow. If the creditor refuse to accept the amount allowed in satisfaction of his claim, he shall recover no costs in any action therefor brought against the executor or administrator, unless he recover a greater amount than that offered to be allowed. SEC. 808. EFFECT OF JUDGMENT AGAINS T Exacuroa .-A judgm ent E ffect of judgment against executor. rend ered again st an exec utor or ad minis trato r, up on any cla im for money against the estate of his testator or intestate, only establishes the claim in the sa me ma nner as if it had be en al lowed by the ex ecu- tor or administrator and the judge ; an d the judg ment must be th at