Page:United States Statutes at Large Volume 76A.djvu/704

–608– -608given by posting in three public places in the Canal Zone for a period of four successive weeks. (c) The time expressed in the notice required by this section shall be 10 months after it is first published or posted, when the estate exceeds in value the sum of $20,000, and 4 months when it does not. § 1622. Removal for neglecting to give notice If an executor or administrator neglects for two months after his appointment to give notice to creditors, as prescribed by this subchapter, the court shall revoke his letters, and appoint another person in his stead, equally or the next in order entitled to the appointment. § 1623. Filing copy of notice; affidavit; decree Within 30 days after the first publication of notice to creditors, the executor or administrator shall file or cause to be filed in the court a copy of the notice, accompanied by an affidavit setting forth the date of the first publication thereof and the name of the newspaper in which it is printed, or the dates and places of posting of the notice, if the posting of notices is directed. The court, upon the affidavit or other testimony to its satisfaction, shall issue an order or decree showing that notice to creditore has been given, and directing that the order or decree be entered in the records of the court. § 1624. Executor's or administrator's claim; presentation; allowance or rejection; action If the executor or administrator is a creditor of the decedent, he shall file his claim, authenticated by affidavit, with the clerk of the court. The clerk shall present it for allowance or rejection to the judge. Its allowance by the judge is sufficient evidence of its correctness, and it shall be paid as other claims in due course of administration. If the judge rejects the claim, action thereon may be had against the estate by the claimant, and summons shall be served upon the judge, who may appoint an attorney, at the expense of the estate, to defend the action. If the claimant fails to recover, he shall pay all costs, including the defendant's reasonable attorney's fees, to be fixed by the court. § 1625. Affidavits in support of claims; claims not due; contingent claims; vouchers (a) Every claim that is due, when filed or presented, shall be supported by the affidavit of the claimant, or by a person in his behalf, that the amount is justly due, that no payments have been made thereon which are not credited, and that there are no offsets to the claim, to the knowledge of the affiant. If the claim is not due when filed or presented, or is contingent, the particulars of the claim shall be stated. When the affidavit is made by a person other than the claimant, he shall set forth in the affidavit the reason therefor. The oath may be taken before any officer authorized to administer oaths. (b) The executor or administrator may also require satisfactory vouchers or proofs to be produced in support of the claim. If the claimant leaves an original voucher in the hands of the executor or administrator, or suffers it to be filed with the clerk, he may withdraw it, when a copy thereof has been already, or is then, attached to his claim. § 1626. Claim founded on written instrument; copy; secured claim (a) Where a claim is founded on a written instrument, the original need not be filed or presented, but a verified copy of the instrument with all indorsements shall be attached to the claim. The original instrument shall be exhibited to the executor or administrator or judge, upon demand, unless it is lost or destroyed, in which case

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