Page:United States Statutes at Large Volume 47 Part 1.djvu/1088

 1064 72d CONGRESS. SESS. II. CH. 127. F EBRU ARY 27, 1933 . Not ice. SEC. 887. NOTICE OF APPLICATION FOR LEOACIES .-Notice of the appli- cation must be given to the executor or" administrator, personally, and to all persons interested in-the estate, in the same manner that notice is required to be given of the settlement of the account of an executor or administrator .' Contest . SEC. 888 . EXECUTOR, OR OTHER PERSON INTER ESTED, MAY RESIST APPLICATION .-The executor or administrator, or any person inter- ested in the estate, may appear at the time named and resist the application . applicant . g of prayer of SEC. 889 . PRAYER OF APPLICANT GRANTED:If, at the hearing, it appears that the estate, is but little indebted, and that the share of the party a pplying may be a llowed t o him wi thout lo ss to th e credit ors requ Dec ire granting, to of the estate, the cou rt must make an order in conform ity with the prayer of the applicant, requiring Bond. 1. BoND .'-Each heir, legatee, devisee (or his assignee, grantee, or, successor in interest) obtaining such order, before receiving his share or any portion thereof, to execute and deliver to the executor or administrator, a bond, in such sum as may be designated by the court or judge, with sureties to be approved by the judge, payable to the executor or administrator, and conditioned for the payment, when- ever re quired, of his p roportio n of the debts d ue from the esta te, not exceeding the value or amount of the legacy or portion of the estate to which he is entitled. Where the time for filing or presenting claims has expired, and all claims that have been allowed, have been paid, or are secured by mortgage upon real estate sufficient to pay them, and the court is satis fied that no i njury can resu lt to the esta te, the court may dispense with the bond ; Delivery of property- 2. DELI`zRY OF PROPER TY .- Th e executor or administrator to deliver to the heir, legatee, devisee (or his assignee, grantee, or suc- cessor in interest), the whole portion of the estate to which he may be entitled, or only a part thereof designating it. Partition. If, in the execution of the order, a partition is necessary between two or more of the parties interested, it must be made in the manner hereinafter prescribed. The costs of these procee dings must be paid by the applicant, or if there are more than one, must be appor- tioned equally among them. Petition and order SEC. 890. ORDER FOR PAYMENT OF BOND, AND SUIT '1'iiEREON .-When for payment of bond. 7 any bond has been executed and delivered, under the provisions of the preceding section, and it is necessary for the settlement of the estate to require the payment of any' part of the money thereby secured, the exec utor or administ rator mu st petit ion the c ourt for an orde r requiring the payment, and have a citation issued and served -on the party bound, requiring him to appear and show cause why the order should not be made. At the hearing, the court, if satisfied of the necessity of such payment, must make an order accordingly, desig- nating the amount and giving a time within which it must be paid. If the money is not paid within the time allowed, an action may be maintained by the executor or administrator on the bond. ' Partial distribution, SEC. 891. PARTIAL DISTRIBUTION OF ESTATES OF DECEASED PERSONS .- petition for. Where the time for filing or presenting claims has expired, and all claims that have been allowed have been paid, or are secured by a mortgage upon real estate sufficient to pay them, and the estate is not in a condition to be finally closed and distributed, the executor or administrator, or coexecutor or coadministrator, may present his 'petit ion to the court for ratable pay ment of the lega cies, or ratable distribution of the estate to all the heirs, legatees, devisees, or their Notice. assignees, ° grantees or successors iii interest. Notice of such appli- cation must be given to all persons interested, in the estate, in the