Page:United States Statutes at Large Volume 47 Part 1.djvu/1072

 1048 72d CONGRESS. SESS. II. CH. 127 . FEBRUARY 27, 1933. the executor or administrator pay, in due course of administration, the amount ascertained to be due. A certified transcript of the orig- ina l do cket of the jud gmen t m ust be f iled amo ng the pape rs of the estate in court. No execution must issue upo n such judgment , nor shall it create any li en upon the property of the es ta te, or gi ve to the jud gmen t cr edi tor any prio rit y of pay ment. Against decedent . SEC. 809. JUDGMENT AGAINST DECEDENT .-When any judgm ent has been rendered for or against the testator or intestate in his lifetime no execution shall is sue thereon after his death, except as provided Arde,p.9'O. in sect ion 355 . A judgment aga inst the deceden t for the recove ry of money must be filed with the clerk, or presented to the executor or administrator, li ke any other claim. If execution is actually levied upon any property of the decedent before his death, the same may be sold for the satisfaction thereof ; and the officer making the sale mu st account to the executor or administrator for any surplus in his hands. A judgment creditor having a judgment which was rendered against the testator or intestate in his lifetime, may redeem any real est ate of the d ece dent fro m any sa le under fo recl osur e, or ex ecu tion , in like man ner and with lik e effect as if the judgment deb tor were still living. Disputed claims re ,~ 810 . DISPUTED CLAIM MAY BE REF ERRE D TO REFEREE .-If the tarred t o refe ree. executor or administrator d oubts the corre ctness of any cl aim pre- sented to him or filed with the clerk, he may enter into an a greement in writing with the claiman t to refer the matter in contro versy to some disinterested person, to be approved by the court or judge. Upo n fi ling the ag reem ent and app rova l of suc h c ourt or judg e, in the office of the clerk of the court, the clerk must enter a minute of the orde r r efer ring the ma tter in cont rove rsy to the pers on so selected, or, if the parties consent, a reference may be had in the court ; and the report of the referee, if confirmed, establishes or rejects the claim the same as if it had been allowed or rejected by the executor or administrator and judge. tion,andeffect t . . fi rm a SEC. 811. TRIAL BY REFEREE, HOW CONFIRMED, AND ITS EFFECT .-The referee must hear and determine the matter, and make his report th er eon to the co urt in which his appointment is entered. The same proceedings shall be had in all respects, and the referee sh all have the sam e po wer s, be en titl ed to the s ame comp ens atio n and su bjec t to the same control, as in o ther cases of ref erence. The court may remove the referee, appoint another in his place, set aside or confirm his report and adjudge costs, as in ac tio ns against executors or adm inis trat ors , and the ju dgm ent of the c ourt th ereo n sh all be as valid and effectual, in all respects, as if the same had been rendered in a suit commenced by ordinary process. Liability of executo r, S EC. 812 . LIABILITY OF EXECUTOR, AND SO FORTH, FOR COSTS.-When etc., for costs. a judgment is recovered, with costs against any executor or adminis- trat or, he shal l be ind ivid uall y liable for su ch costs, but t hey must be allowed him in his administration accounts, unless it appears th at the su it or proceeding in which the co sts were taxed was prose- cuted or defended without just cause. Executor, etc ., as SEC. 813. EXECUTOR 'S CLAIM .-If the executor or administrator is claimant. a cr edit or of the d eced ent, his cl aim duly aut hent icat ed by a ffid avit shall be filed with the clerk, and must be .present ed by the clerk for a llowance or rejec tion to the judge, who shall allow o r reject it, and its allowance by the judge is sufficient evidence of its correctness, and it must be pai d as oth er claims in due co urse of adm inis trat ion. If, however, the judge reject the claim, action thereon may be had against the estate by the claimant, and summons must be served upon the