Page:United States Statutes at Large Volume 47 Part 1.djvu/1091

 72d C ONGRESS. SESS. II. CH. 12 7. FEBRUARY 27, 1933 . 1067 title, or interest in the estate so distributed, where the same shall not have been determined under the provisions of this section ; but where such questions shall have been litigated, under the provisions of this section, the determination thereof as herein provided shall be con- clusive in the distribution of said estate. SEC. 893. FINAL DISTR IBUTION OF ESTATE .-Upon the final settle- e e al distribution of ment of the accounts of the executor or administrator, or at any subsequent time, upon the application of the executor or adminis- trator, or of any heir, legatee, devisee (or his assignee, grantee, or successor in interest), the court must proceed to distribute the residue of the estate in the hands of the executor or adminis- trator, if any, among the persons who by law are entitled thereto ; and if the decedent has left a surviving child, or the issue of a deceased child, and any of them, before the close of the administration, have died while under age and not having been married, no administra- tion on such dec eased child's es tate is necessar y, but all the es tate which such deceased child was entitled to by inheritance must, with- out administration, be distributed as provided in the Civil Code. A e~Supp l by ental ac - statem ent o f any recei pts a nd dis burse ments of t he exe cutor or administ rator, s ince the renditi on of hi s final accou nt, m ust be reported and filed at the time of making such distribution settlement thereof, together with an estimate of the expenses of closing the esta te must be made by the c ourt, and include d in the order or de cree, or the court or judge may order notic e of the settlement of such supplementary account, and refer the same as in other cases of the settlement of accounts. SEC. 89 4. WHAT THE DECREE MUST CON TA IN, AND IS FINAL.-In the Contents and conclu- order or decree the court must name the persons and the proportions siveness of decree. or parts to which each shall be entitled, and such persons may demand, sue for, and recover their respective shares from the exec- utor or administrator, or any person having the same in possession. Such order or decree is conclusive as to the rights of heirs, legatees, or devisees. SEC. 895. DISTRIBUTION WHEN DECEDENT WAS NOT A RESIDENT OF THE Distribution of non. ' CANAL ZONE .--Upon application for distribution, after final settle- ia~ ent decedent s as. ment of the accounts of administration, if the decedent was a non- resident of the Canal Zone, leaving a will which has been duly proved or allowe d in the state o f his residence, and an authentic ated copy thereof has been admitted to probate in the Canal Zone, or if the decedent died intestate, and an administrator has been duly appointed and qualified in the state of his residence, and it is neces- sary, in order that the estate, or any part thereof, may be distrib- uted according to the will or if the court is satisfied that it is for the best interests of the estate, that the estate in the Canal Zone should be delivered to the executor or administrator in the state or place of the decedent's residence, the court may order such delivery to be made, and, if necessary, o rder a sale of t he real estate, a nd a like delivery of the proceeds. The d elivery, in acco rdance w ith the order of the court, is a full discharge of the executor or administrator with the will annexed or ad minist rator, in the Canal Zone, in relation to all property embraced in such order, which binds and concludes all pa rties in interes t. Sales of real estate, ordered by virtue of this section, must be made in the same manner as other sales of real estate of decedent's by order of the court. SEC. 896 .-PETITION FQR FI NA L DISTRIBUTION ; NOTICE OF HEARING ; Petition for final dis- CONTEST ; PARTITION .-The order or decree may be made on the peti- tributien . tion of the executor or administrator, or of any person interested in the estate. When such petition is filed the clerk of the court must Notice. set- the petition for hearing by the court, and give notice thereof by
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