Page:United States Statutes at Large Volume 79.djvu/763

 79 STAT. ]

PUBLIC LAW 89-183-SEPT. 14, 1965

after the expiration of the period for distribution provided by section 20-1313, the executor or administrator may not be required to retain any part of the estate for the benefit of the creditor, unless in the meantime the claim has been so exhibited or passed. § 20-1316. Executor or administrator to withhold amount claimed pending litigation Where an action is commenced against an executor or administrator for the recovery of a larger debt or damages than he considers due, so that it cannot be ascertained before verdict, the executor or administrator may retain such sum to meet the debt or damages as the Probate Court allows. Where more than enough is allowed, the party shall afterwards account for it, but a sum may not be retained on account of the further debt or damages when the court is satisfied that there will be money sufficient coming in after the dividend to meet the damages, or a just proportion thereof, regard being had to other claims. § 20-1317. Claims of executors and administrators to be passed by Court A n executor or administrator may not be allowed to retain for his own claim against the decedent, unless the claim is passed by the Probate Court. Such a claim stands on an equal footing with other claims of the same nature. § 20-1318. Period during which creditors may file suit after claim is contested If a claim is exhibited against an executor or administrator which he considers his duty to dispute or reject, he may retain in his hands assets proportioned to the amount of the claim, which assets shall be liable to other claims, or to be delivered up or distributed in case the claim is not established. If, on a claim exhibited and disputed, the creditor or claimant does not, within three months after the dispute or rejection, commence a suit for recovery, he is forever barred. On a dividend to be made three months after the dispute or rejection and failure to bring suit, the executor or administrator may proceed to pay or distribute as if he had no knowledge or notice of the claim or as if it did not exist. If the claim is sued upon within the three-month period, it may be ascertained by verdict or otherwise, and the court shall proceed as directed by this chapter, regard being had to the rules laid down by this chapter as to the notice to be given by the executor or administrator and distribution or payment shall be made after the notice. § 20-1319. Executor or administrator not responsible for claims made after distribution When all the assets have been paid away, delivered, or distributed as directed by this chapter, and afterwards a claim is exhibited of which the executor or administrator has no knowledge or notice b j the exhibition of the claim legally authenticated, as required by this chapter, he is not answerable for it. When he is sued for a claim and makes it appear to the court in which suit is brought that he has so paid away, delivered, or distributed, and the plaintijff cannot prove that the defendant had notice as herein specified before the payment, delivery, or distribution, the court, although the amount of the claim against the deceased may be ascertained, may not give judgment until the plaintiff is able to show further assets coming into the defendant's hands; but if the plaintiff proves notice, as herein specified, of the claim against the defendant, judgment may be immediately given for such sum as the plaintiff ought to have received at the dividend, and fieri facias may issue and have effect, and further judgment may be given on the coming in of further assets.

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