Page:United States Statutes at Large Volume 47 Part 1.djvu/1073

 72d CONGR ESS. SESS. II. CH. 127 . FE BRUAR Y 27, 1933 . jud ge who may appoint an attorney, at the expense of the estate, to depend the action. If the cla imant reco ver no jud gment , he must pay all costs, including defendant's reasonable attorney's fees, to be fix ed by the court. SEC. 814. EXECUTOR NEGLECTING TO GI VE NOTICE TO CREDITORS, TO BE Re moval of exec utor, REM OVE D .-If an ex ecuto r or admin istra tor n eglec ts for two mont hs creditors . not given to aft er his appointment to giv e notice to cre di tor s, as prescribed by th is chapter, the court must revoke his letters, and appoint some other perso n in his s tead, equa lly or the next in o rder entit led to the appointment. r7 EC. 815 5. STATEMENT OF CLAIMS AGAINST ESTATE .-At the same Statement of claims tim e at whi ch he is required to return an inventory, the executor or to be filed. administrator must also return a statement of all claims aga in st the e state whic h hav e bee n fil ed wi th the cle rk, or pre sente d to the execu tor or adm inist rator , if so re quire d by the c ourt, or j udge, and from time to time thereafter he must present a statement of claims subsequently so filed or presented, if so required by the court or judge. In all such statements he mu st designate the names of the cre di tor s, the nature of eac h claim, when it became due, or wil l beco me du e, and whe ther it was all owed or re jecte d by him, or not yet acted upon. S EC. 816. PAY MENT OF DEBTS BEARING INTEREST .-If the re be any Pay men t tot deb ts de bt of the decedent bearing interest, whether filed or not, or whether presented or no t, the executor or administrator ma y, by order of the court, pay the amount then accumulated and unpaid, or any part ther eof, at any tim e whe n the re are suf ficie nt fu nds p roper ly ap pli- cable thereto, whether said claim be then due or not ; and interest sh all thereupon cease to accrue upo n the amount so paid. SEC. 817. WHEN CL AIMAN T CAN NOT BE FOUND ; DEPOSIT WITH COL- When claimant can LECTOR .-Whenever any cla im has bee n fil ed or presented and sh all not be found. have been approved by the executor or administrator and by the judge, but the same has not been paid, and the estate is in all other resp ects ready to be closed, if it be made to appear to the sati sfact ion of the co urt or judge, by affidavit, or by testimony, tak en in o pen court, th at the same can not be, and has not been, paid because the clai mant can not be foun d, the cou rt or judg e sha ll ma ke an orde r fixing the amount of said claim, with interest, if any, and directing to Deposit with coliec the executor or administrator to deposit the amount with the collector of the Panama Canal, who shall give a receipt for the sam e, and who shall be liable upon his official bon d the re for . Such executor or adm inist rator shal l at once make the d eposi t in accor dance with such ord er of cour t and shal l for thwit h pro ceed to cl ose up and sett le such estate. Upon the final settlement of his accounts, the receipt of such colle ctor shall be r eceiv ed as a pr oper vouch er for the pay- ment of such claim, and shall have the same force and effect as if executed by such claimant. Any person claiming to be entitled to any amount so deposited foPitnasin yoleans with the collector, may, within five years after such deposit, petition bands. the court or judge for any order directing payment to the said claim- ant. A copy of such petition shall be served on the collector and thereafter no such amount shall be covered into the Treasury of the United States, as hereinafter directed, until so ordered by the court . If no one claims the am ou nt, as herein provided, or if a claim be into Treasury . Covered made and disallowed and the court so directs, such amount devolves to the United States and shall be covered into the Treasury by the co llect or as misc ellan eous recei pts . 1049