Page:United States Statutes at Large Volume 76A.djvu/741

–645– -645the estate and upon each of the heirs, legatees, and devisees, an issue shall thereupon oe tried and determined by the court as to the truth of the petition. The court may upon application or on its own motion require the claimant to give security to be approved by the court for costs and expenses involved in the hearing and ultimate determination thereof, in case the issue is decided against the claimant. If the issue is determined in favor of the waimant, the court shall make and enter such order as the circumstances require. § 2552. Conclusive presumption of death; final distribution If no person makes a claim during the three-year period, either to be the missing person, or to have succeeded to the rights of the missing person since the commencement of the seven-year period by reason of the death of the missing person, a conclusive presumption arises that the missing person died prior to the filing of the petition for administration or the probate of his will; and the estate shall be finally distributed accordingly, as far as the distribution has not already been accomplished; and by order of the court the estate shall be closed and the liability of the representative and his sureties to claimants ended, and the liability of distributees ended, and all bonds given by them cancelled. If in any case the period of absence as set forth in section 2541 of this title has exceeded 10 years at the time of filing the petition for the appointment of an administrator or probate of the will, the estate may be finally distributed and closed at the end of one year, without a bond being given, with like effect as provided for in this chapter at the expiration of the three-year period. § 2553. Limitation of actions After the expiration of the periods of time provided for the final distribution of the estate, and after the missing person has been absent and missing for the period of 10 years as provided in this chapter, the statute of limitations shall be deemed to have run against all claimants; and no action, suit, petition or proceeding may be brought by the missing person or persons claiming under him or otherwise claiming an interest in the estate, against the executor or administrator or against a surety on a bond or against any of the distributees, to recover any part or portion of the estate. § 2554. Property and estates governed by chapter This chapter applies to the property and estates of all missing persons as defined in this chapter, who have been missing and absent from their last known place of residence for the continuous period of seven years, whether the absence commenced before the effective date of this Code and has been completed, or is still running, or shall commence to run after the effective date of this Code. § 2555. Manner of administration and distribution of estate The administrator or executor to whom letters are issued as provided in this chapter shall administer and distribute the estate of the missing person in the same general manner, method of procedure and with the same force and effect as provided by this title for the administration and settlement of the estates of deceased persons, except as otherwise modified, limited or directed by this chapter.

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