Page:United States Statutes at Large Volume 76A.djvu/721

–625– -625SUBCHAPTER III

Sec. 1981. 1982. 1983. 1984. 1985.

ADVANCEMENTB AND ADEMPTIONS

Gifts before death. Advancement as part of estate; deduction from share. Value of advancement. Death of heir before decedent. Determination of questions as to advancements. 8UBCHAFTEB IV—^DIBCHABGE

2001. Distributee who can not be found, refuses to accept, or is minor or incompetent. 2002. Agent for nonresident distributee. 2003. Specific legacy for life only; inventory. 2004. Final settlement, decree, and discharge. 2005. Letters after final settlement; after discovered property.

Subchapter I—Preliminary Distribution § 1921. Petition for payment of legacies or shares (a) At any time after four months from the issuing of letters testamentary or of administration, an heir, devisee, or legatee, or an assignee, grantee, or successor in interest thereof, may petition the court 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 bond, with security, for the payment of his proportion of the debts of the estate. (b) Notice of the application shall 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. (c) The executor or administrator, or any person interested in the estate, may appear at the time named and resist the application. § 1922. Hearing; order; bond (a) If it appears at the hearing that the estate is but little indebted, and that the share of the petitioner may be allowed to him without loss to the creditors of the estate, the court shall make an order requiring the executor or administrator to deliver to the petitioner the whole portion of the estate to which he may be entitled, or only such part thereof as the court may designate, upon receiving a bond executed by the petitioner, in a sum fixed by the court and with sureties approved by the court, payable to the executor or administrator, and conditioned for the payment, whenever required, of his proportion of the debts due from the estate, not exceeding the value or amount of the legacy or portion of the estate to which he is entitled. If 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 satisfied that no injury can result to the estate, the court may dispense with the bond. (b) In the execution of the order, if a partition is necessary between two or more of the parties interested, it shall be made in the manner prescribed by chapter 81 of this title. (c) The costs of the proceedings shall be paid by the petitioner, or if there are more than one, shall be apportioned equally among them. § 1923. Order for payment of bond; action on bond When a bond has been executed and delivered pursuant to section 1922 of this title, and the settlement of the estate requires the payment of part of the money thereby secured, the executor or administrator shall petition the court for an order 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. A t the hearing, if satisfied of the necessity of the payment,

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