Page:United States Statutes at Large Volume 47 Part 1.djvu/1087

 72d C ONGRESS. SESS. II. CH. 127. FEBR UARY 27, 1933 . 1063 in this section are not to be made when the estate is insolvent, unless a pro rata distribution is ordered. SEC. 881. A5'TJ R DECREE FOR PAYMENT OF DEBTS, EXECUTOR PERSON- menoofdecree foeeut. ALLY LIABLE TO CREDITORS .-When a decree is made by the court for personally liable. the payment of creditors, the executor or administrator is per- sonally liable to each creditor for his allowed claim, or the divi- dend thereon, and execution may be issued on such decree, as upon a judgment in the court, in favor of each creditor, and the sa me proceeding may be had under such execution as under execution in other cases. The executor or administrator is liable therefor on his- bond to each creditor. SEC. 882. C LAIMS NOT INCLUDED IN ORDER FOR PAYMENT OF DEBT S, Claims net included How DISPOSED oF .-When the accounts of the administrator or execu- indeeree, disposition of. tor have been settled, and an order made for the payment of debts and distribution of the estate, no creditor whose claim was not included in the order for payment has any right to call upon the creditors who have been paid, or upon the heirs, devisees, or lega- tees to contribute to the payment of his claim ; but if the executor or administrator has failed to give the notice to the creditors as prescribed in section 795, such creditor may recover on the bond of the executor or administrator the amount of his claim, or such part thereof as he would have been entitled to ha rd it been allowed. This section shall not apply to any creditor whose claim was not due ten months before the day of settlement, or whose claim was contingent and did not become absolute ten months before such day. SEC. 883. ORDER FOR PAYMENT OF LEGACIES, AND EXTENSION OF oflegac ecree payment TIME .-If the whole of the debts have been paid by the first distri- time. bution, the court must direct the payment of legacies and the dis- tribution of the estate among the heirs, legatees, or other persons entitled, as provided in the next chapter ; but if there be deb ts remaining unpaid, or if, for other reasons, the estate be not in a prop er co nditio n to be cl osed, the c ourt must give s uch e xtens ion of time as may be reasonable for a final settlement of the estate. SEC. 884. FINAL ACCOUNT, WHEN TO BE MADE.-At the time desig- Fi nal a ccount. nated in secti on 883, or soone r, if wi thin that time al l the pr operty of the estate has been sold, or there are sufficient funds in his hands for the payment of all the debts due by the estate, and the estate be in a proper condition to be closed, the executor or administrator must render a final account, and pray a settlement of his admin- istration. SEC. 885. NEGL ECT TO RENDER FINAL ACCOUNT, HOW TRE ATED. If he Failure to render. neglects to render his account, the same proceedings may be had as prescribed in th is chapter in regard to the first account to be rendered byhim; and al l the pr ovisions of this chapter relative to the last-mentioned account, and the notice and settlement thereof, apply to his account presented for final settlement. CHAPTER 33 .-PARTITION, DISTRIBUTION, AND FINAL T PARTIT ON, DFI- SET TLEME NT OF ESTA TES SETTLE- MEN T OF ES- TATES. NAL PARTIAL DISTRIBUTION PRIOR TO FINAL SETTLEMENT Partial distribution . SEC. 886. PAYMENT OF LEGACIES .-At any ti me after the lapse of p etit ion fo of leg aci es, four months from the issuing of letters testamentary or of adminis- tration, any heir, devisee, legatee (or his assignee, grantee, or suc- ces sor i n inte rest) may prese nt his peti tion to the cour t for the legacy or share of the estate to which he is entitled, or any portion thereof, to be given to him upon his giving bonds, with security, for the payment of his proportion of the debts of the estate.