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SEC. 21. If there be more than one creditor, the oath of one, with the other vouchers, shall be sufficient.
SEC. 22. It shall not be the duty of an administrator to avail of the plea of limitation to bar what he supposes to be a just claim, unless requested in writing to do so by some person interested in the
SEC. 23. The orphans' court may, with the consent of the parties, to be entered on its proceedings, arbitrate between a claimant and an administrator, or between an administrator and a debtor of the deceased, or may refer the whole matter to any person appointed by the parties and approved by the court.
SEC. 24. Every award made pursuant to the provisions of the preceding section shall be returned to the orphans' court, and shall be of no effect unless confirmed by the same. On being confirmed, the same shall be final and without appeal.
SEC. 25. No award shall be confirmed without notice to the parties, unless by consent, and either party may file exceptions thereto for matters apparent upon its face, or extrinsic, and the court may confirm or reject the same, and may send the case to the same or to other referees. The orphans' court shall also establish all necessary rules in regard to notice and exceptions.
SEC. 26. Every administrator shall, under the order of the orphans' court, publish, three times a week for two successive weeks, in such newspapers as the court shall direct, the following notice:
"This is to give notice that the subscriber, of hath obtained from the orphans' court of Washington county, District of Columbia, letters testamentary (or of administration) on the personal estate of -, deceased: all persons having claims against the said deceased are hereby warned to exhibit the same, with the vouchers thereof legally authenticated, to the subscriber, on or before the be excluded from all benefit of said estate. Given under my hand, this of
next; they may otherwise, by law,
SEC. 27. The administrator may report to the court the fact of having given such notice, with an affidavit of the truth thereof annexed, as also a copy of the advertisement, and the court, on being satisfied to that effect, shall endorse on the report a certificate that it
has been proved to its satisfaction that the notice has been given, as therein reported, and shall order such report and certificate to be recorded among the records of the court, and such report and certificate, or a copy thereof under the seal of the orphans' court, shall be legal and competent evidence in all cases of the giving of such notice.
SEC. 28. No administrator who, after the expiration of six months from the date of his letters, shall have paid away assets to the discharge of just claims, or who shall have delivered or distributed the same as hereafter directed, shall be answerable for any claim of which he had no notice or knowledge: provided, that he has given at least five months' notice in the manner herein before prescribed in section. twenty-six.
SEC. 29. It shall be the duty of an administrator, within six months after the date of his letters, or within such further time, not exceeding six months longer, as shall be allowed by the orphans' court, (on his making oath that the assets in his hands cannot sooner be converted advantageously into money to pay the debts of the deceased,) to discharge all just claims exhibited and proved as aforesaid, or to pay each claimant his just proportion of the same, retaining as hereinafter directed in certain cases.
SEC. 30. It shall also be his duty, every six months after his first payment, to make distribution of the assets which have since come into his hands until he shall have fully administered.
SEC. 31. An administrator may, with the sanction of the orphans' court, retain for any claim, or for a just proportion thereof, known to him, though the same be not exhibited, on his satisfying the court of the justice of the claim, or that it may probably be recovered; provided, that the sum so retained shall be accounted for as if such claim were unknown, if the creditor, on receiving a special notice from the administrator to that effect, shall not, within three months thereafter, prefer his claim, duly proved.
SEC. 32. An administrator may also retain, in like manner, for any claim disputed or rejected by him; and if, within the period of six months after such rejection, the claimant do not bring suit, the claim shall be forever barred.
SEC. 33. When an administrator is to make payment to creditors, he may give notice, for two consecutive weeks, by publication in some newspaper indicated by the court, of the time and place of making
it; and if any creditor shall fail to attend to receive the amount or proportionable part of his claim, all interest thereon shall cease: provided, that the administrator shall thereafter, on demand, pay the said claim or proportionable part.
SEC. 34. After discharging the necessary funeral expenses of the deceased, and those of his last sickness, and the charges of administration, his estate shall be applied to the payment of his debts, in the following order:
First. Debts entitled to a preference under the laws of the United States.
Secondly. Debts due as administrator, executor, guardian, or committee, where the qualification was in this District; in which shall be included a debt or demand for money or other property received by a husband acting as such fiduciary in right of his wife.
Thirdly. All other demands ratably, except those in the next class; and,
Fourthly. Voluntary obligations.
SEC. 35. If there be not enough to pay all the debts of any one class, all the creditors of that class shall be paid ratably in proportion to their respective debts, and no payment shall be made to creditors of any one class until all those of the preceding class or classes shall be fully paid.
ACCOUNTS OF ADMINISTRATORS, PAYMENT OF LEGACIES, AND DISTRIBUTION OF ESTATE OF DECEASED.
1. Administrator to account in six months, unless a longer time be allowed by
2. Accounts; how stated; dr. side.
3. Accounts; how stated; cr. side.
4. Outstanding debts, or newly discovered
5. Administrator to be charged with in-
7. When court may authorize partial pay-
8. Same in favor of specific legatee.
12. The administrator of a deceased administrator to render his account.
13. The husband of an administratrix dying, to do the same.
14. Į When an account and inventory need 15. S not be exhibited.
16. Compensation allowed to administrator. 17. Compensation left to an executor may
18. When administrator to make distribution, and how.
19. When widow shall be entitled to all.
20. When widow shall be entitled to onehalf.
21. When widow shall be entitled to one
22. Surplus; how disposed of
23. When to children.
24. When and how to a child, and the de
scendants of other children.
25. When to father.
26. When to brothers and sisters, or their descendants.
27. When to the mother.
28. When to collateral relations generally.
30. On death of intestate without relations
32. Effect of advancement to a child or de-
33. How posthumous children may take. 34. How illegitimate children may take and transmit.
SECTION 1. Every administrator shall, within six months after the date of his letters, unless a longer time be allowed in accordance with the provisions of section twenty-seven of previous chapter, return to the orphans' court a full account of his administration.
SEC. 2. In the accounts of an administrator shall be stated, on one side, the assets which have come to his hands, according to the inventory returned to court; also all moneys received by him, and the excess of the proceeds of sales of assets over appraised value thereof. SEC. 3. On the other side, he shall state the credits claimed by him, as follows:
First. Funeral expenses, to be allowed at the discretion of the court, according to the condition and circumstances of the deceased, not exceeding three hundred dollars.
Secondly. The debts of the deceased, proved or passed as hereinbefore provided, and paid or retained for.
Thirdly. The allowance for things lost, or which have perished, without the administrator's fault, including losses on sales of assets. Fourthly. His compensation.
Fifthly. His allowance for costs, and for extraordinary expenses,
(not personal,) which the court may think proper to allow, laid out in the recovery or security of any part of the estate.
SEC. 4. If the first account of an administrator, to be returned as aforesaid, shall not show the estate which was on hand to he fully administered, by reason of outstanding debts due the deceased which have not matured, or could not so soon be collected, other accounts shall be returned within every period of six months thereafter, until the estate shall appear to be fully administered: provided, however, that an administrator shall not be compelled to render such additional accounts, when it appears to the court that the estate has been fully administered, save as to debts which the court shall set down as desperate, unless the same shall afterwards be recovered. Whenever a discovery or receipt of assets shall occur after an administrator has rendered his account, another account shall be rendered by him. within two months after such discovery or receipt.
SEC. 5. When it shall appear, by the account of an administrator, that all the claims against or debts of the deceased, which were known by, or notified to the administrator, have been discharged or retained for, it shall be his duty to deliver up the estate in his hands to those entitled, or to distribute the same, as hereinafter directed; provided that his power and duty as to future assets shall not cease.
SEC. 6. The orphans' court shall have power to make allowances to an administrator for property of the deceased which has perished or been lost without his fault; and no profit shall be made, nor loss be sustained, by an administrator in the increase or decrease of the estate, but he shall return an inventory and account of such increase, and may be allowed for such decrease on the settlement of his account.
SEC. 7. When a party entitled to any or all of the assets after the payment of debts, shall apply by petition, and satisfy the orphans' court that he is in want of subsistence, or greatly straitened in circumstances, and that there is no reason to apprehend that it will require more than one-half of the assets to pay the debts, the court may direct the administrator to deliver to the petitioner any part of what it shall suppose will be the petitioner's distributive share, or any part of a legacy or bequest in money, not exceeding one-half part of either, the petitioner giving bond, with security approved by the court, to the administrator, for returning the same, or an equi