Page:United States Statutes at Large Volume 79.djvu/762

 722

PUBLIC LAW 89-183-SEPT. 14, 1965

[79 STAT.

§20-1310. Plea of limitations within discretion of executor or administrator An executor or administrator is not required to avail himself of the statute of limitations to bar what he supposes to be a just claim, § 20-1311. Claims may be rejected and disputed An executor or administrator is not required to discharge a claim of which vouchers and proofs have been exhibited as provided by this chapter, but may reject and at law dispute the claim where he has reason to believe that the deceased never owed the debt, or had discharged it, or a part thereof, or had a claim in bar. § 20-1312. Passing of claims not conclusive An order made by the Probate Court that an account or claim will pass when paid is not valid to establish the claim or account. Where the executor or administrator thinks fit to contest it, the account or claim does not derive validity from the order, but shall be proved in the same manner as if the order had not been made. § 20-1313. Payment of claims An executor or administrator shall, within thirteen months from the date of his letters, or within such further time, not exceeding four months, as the Probate Court allows on his making oath that he has reason to apprehend that the personal estate and assets which are or shall be in his hands will be insufficient to discharge the just debts of and claims against the deceased, discharge all the claims known to him or pay each claimant his just proportion of the money then in his hands, retaining as directed by this chapter. Also, he shall, once in every six months after the first distribution, make a distribution of the money which has since come to his hands until he has fully administered, and on failure his administration bond may he sued upon. § 20-1314. Notice of distribution Wlien an executor or administrator is to make payment or distribution among the creditors of his decedent, he may give notice three successive weeks previously in a convenient newspaper of the time and place for making it. If a creditor does not attend in person or by agent or attorney to receive the amount or proportionable part of his claim, all interest on the claim or proportionable part ceases from that time. The executor or administrator shall at any time thereafter, on demand, pay the claims, or a proportionable part, to the party, his agent, or duly authorized attorney. When the executor or administrator proceeds to make an additional payment or dividend he may advertise as provided by this section, and interest ceases as also provided by this section. If, at the time for the making of an additional dividend, a just claim, established as directed by this chapter, is exhibited, the creditor is entitled to such sum as will place nim on an equal footing with those who have already received a dividend. § 20-1315. Retaining for claims An executor or administrator shall pay all just claims against his decedent exhibited to him, or a just proportionable part thereof, according to the assets. Where a claim is known to him, although it is not exhibited, he shall retain the assets, or a just proportionable part, for the benefit of the creditor. Where an executor or administrator has actual knowledge of a claim which has not been exhibited or passed he shall give notice in writing to the creditor, requiring the claim to be either exnibited or passed, as provided by this chapter, within 30 days if the creditor is a resident of the District of Columbia, and within 90 days if he is a nonresident. After the expiration of that period, and

�