Page:United States Statutes at Large Volume 76A.djvu/708

–612– -612the estate in court. An execution may not issue upon the judgment, and the judgment does not create a lien upon the property of the estate, or give to the judgment creditor a priority of payment. § 1662. Judgment against decedent; execution; filing as claim; levy before death; redemption When a judgment has been rendered for or against the testator or intestate in his lifetime, an execution may not issue thereon after his death, except as provided by section 546 of Title 5. A judgment against the decedent for the recovery of money shall be filed with the clerk, or presented to the executor or administrator, in the same manner as other claims. If execution is actually levied upon any property of the decedent before his death, the property may be sold for the satisfaction thereof; and the officer making the sale shall account to the executor or administrator for any surplus in his hands. A judgment creditor having a judgment which was rendered against the testator or intestate in his lifetime, may redeem any real estate of the decedent from a sale under foreclosure, or execution, in like manner and with like effect as if the judgment debtor were still living. § 1663. Interest A rate of interest greater than that allowed on judgments obtained in the district court may not be allowed upon a claim after its allowance by the executor or administrator and approval by the judge; and if the estate is insolvent, a greater rate of interest may not be paid upon a debt, from the time of the first publication of notice to creditors, than is allowed by law upon judgments. If a debt of the decedent bears interest, whether or not filed or presented, the executor or administrator may, by order of the court, pay the amount then accumulated and unpaid or any part thereof, at any time when there are sufficient funds properly applicable thereto, whether or not the claim is then due; and interest shall thereupon cease to accrue upon the amount so paid. § 1664. Writing as prerequisite to personal liability of executor or administrator An executor or administrator is not chargeable upon a special promise to answer in damages or to pay the debts of the testator or intestate out of his own estate, unless the agreement for that purpose, or a memorandum or note thereof, is in writing and signed by the executor or administrator, or by another person specially authorized by him in writing. § 1665. Claimant not found; deposit with Government; receipt as voucher; final disposition if amount not claimed (a) When an estate is in all other respects ready to be closed, and it is made to appear to the satisfaction of the court, by affidavit or by evidence taken in open court, that an allowed and approved claim has not been and can not be paid because the claimant can not be found, the court shall make an order fixing the amount of the claim, with interest, if any, and directing the executor or administrator to deposit the amount with the Canal Zone Government. The officer of the Canal Zone Government who receives the deposit shall give a receipt for it and shall be liable upon his official bond therefor. The executor or administrator shall at once make the deposit in accordance with the order of court and shall forthwith proceed to close up and settle the estate. Upon the final settlement of his accounts, the receipt of the officer of the Canal Zone Government shall be deemed and received as a proper voucher for the payment of the claim, and shall have the same force and effect as if executed by the claimant. (b) A person claiming to be entitled to any amount deposited under this section may, within five years after the deposit, petition the court

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