Page images
PDF
EPUB

Oct. 11, 1862, 1148.

Oct. 11, 1862, $1149.

case of neglect to file final

account

narily required of an executor or administrator in the discharge of his trust.

§ 1181. [1149.] Before the time appointed for the Proceedings in hearing and settlement of a final account, the executor or administrator shall file with the clerk a copy of the notice thereof, with the proper proof of its publication as directed. An executor or administrator who shall fail to file his final account as provided in section 1173 [1141] may be proceeded against in like manner and with like effect as provided in section 1171 [1139], in case of failure to file a semi-annual account.

Oct. 11, 1862, $1150.

Administrator may compound for debts due

estate.

§ 1182. [1150.] Whenever a debtor of a deceased person is unable to pay all his debts, an executor or an administrator, by order of the court or judge thereof, may compound with him and give him a discharge upon receiving a fair and just proportion of his effects; but if such compounding is procured or induced by the false or fraudulent representations or conduct of such debtor, such payment shall only operate to discharge a like amount of the debt.

TITLE VIII.

OF THE PAYMENT OF CLAIMS AND CHARGES.
Order of payment of charges and claims.

§ 1183.

§ 1184.

§ 1185.

Proceeds of real property to be applied in satisfaction of lien.
How judgment or decree may be satisfied when given in lifetime of
deceased.

[blocks in formation]

Feb. 20, 1831, $1.

§ 1195. Qualifications of sureties in undertaking and costs.

§ 1196. Application for decree to refund.

§ 1197. Proceeding thereon, and how decree enforced.

§ 1183. [1151.] The charges and claims against the estate which have been presented and allowed, or pre

Order of payand claims.

18 Or. 498.

sented and disallowed, but subsequently established by Feb. 20, 1891. judgment or decree within the first six months after the date of the notice of appointment of the executor or mentofcharges administrator, shall be paid in the following order, and st. 1891, p. 86. those presented and allowed or established in like manner within each succeeding period of six months thereafter, during the continuance of the administration, in the same manner: 1. Funeral charges; 2. Taxes of whatever nature due the United States; 3. Expenses of last sickness; 4. Taxes of whatever nature due the state, or any county or other public corporation therein; 5. Debts preferred by the laws of the United States; 6. Debts which, at the death of the deceased, were a lien upon his property, or any right or interest therein, according to the priority of their several liens; 7. Debts due employees of decedent for wages earned within the ninety days immediately preceding the death of the decedent; 8. All other claims a ainst the estate.

1152.

Proceeds of

§ 1184. [1152.] The preference given by subdivision Oct. 11, 1862, 6 of the last section shall only extend to the proceeds of the property upon which the lien exists, and as to such real property, when applied proceeds such debt is to be preferred to any of the classes in satisfaction mentioned in such section, other than the taxes upon such property.

of lien.

1153.

How judgment

or decree given

in lifetime

satisfied.

11 Or. 496.

§ 1185. [1153.] If such debt has been established by Oct. 11, 1862, judgment or decree against the deceased in his lifetime, such judgment or decree, if the proceeds of the personal property be not sufficient to satisfy it, may, in the dis- of deceased cretion of the court or judge thereof, be either satisfied from the proceeds of the sale of the property by the executor or administrator, upon which it is a lien, or enforced by execution against such property. Such sale by the executor or administrator discharges the property from the lien of the judgment or decree, but the same attaches to the proceeds thereof, after deducting therefrom the expenses of sale.

1154.

§ 1186. [1154.] Except as specially provided in the Oct. 11, 1862, last three sections, if the estate be insufficient to pay all

[ocr errors]

Oct. 11, 1862, § 1154.

the claims and charges of any one class, payable within any period of six months during the administration, as ficient to pay provided in section 1183 [1151], each creditor of such class shall be paid in proportion to the amount of his claim, and not otherwise.

If estate insuf

claims of one

class, payment to be in proportion.

Oct. 11, 1862,

1155.

Funeral

may incur

them, and

when allowed.

§ 1187. [1155.] The executor named in the will, or if there be none, or if he do not attend to it, then the charges, who husband, widow, or next of kin, in the order herein named, are authorized to incur funeral charges, on account of the estate, in the burial of the deceased before administration of the estate is granted; and the burial of the deceased may be in a manner and at a cost according to his circumstances and condition in life, but no funeral charges, except those necessary to give the deceased a plain and decent burial, shall be allowed out of the estate where the assets are not sufficient to satisfy all other claims against it, including the legacies and devises, if there be any.

Oct. 11, 1862, 1156.

§ 1188. [1156.] The executor or administrator may retain in his hands, in preference to any claim or charge against the estate, the amount of his own compensation and expenses. and the necessary expenses of administration.

Administrator may retain

compensation

Oct. 11, 1862, § 1157.

Debts not due

how paid.

§ 1189. [1157.] A debt due and payable is not entitled to preference over one of the same class not due, or contingent, if the latter be presented within the same period. A debt not due, whether contingent or absolute, upon being presented shall, if absolute, be satisfied by the payment of such sum as the court or judge thereof may prescribe by order, to be equal to its present value, and if contingent, by the payment into court for the benefit of the creditor, subject to the contingency, of a sum to be ascertained in like manner, equal to its present value. § 1190. [1158.] When, upon the filing of a semiannual account, an order is made determining and preliable to credi- scribing the amount of assets applicable to the claims then presented, as provided in section 1172 [1140], thereafter the executor or administrator is personally liable to each creditor included in such order for such amount.

Oct, 11, 1862, $1158.

Administrator

tor personally, when.

18 Or. 498.

1159.

§ 1191. [1159.] If all the charges and claims shall Oct. 11, 1862, have been satisfied upon the first distribution of the Distribution assets, or as soon thereafter as they may be, the court or and payment judge thereof shall direct the payment of legacies and when decreed. the distribution of the remaining proceeds of the personal property among the heirs or other persons entitled thereto.

of legacies,

1160.

When real

tration.

§ 1192. [1160.] The real property of the deceased is Oct. 11, 1862, the property of those to whom it descends by law or is devised by will, subject to the possession of the executor property discharged from or administrator, and to be applied to the satisfaction of adminis claims against the estate, as by this chapter provided; but upon the settlement of the estate, and the termina- 8 Or. 277. tion of the administration thereof, so much of such real property as remains unsold or unappropriated is discharged from such possession and liability without any order or decree therefor. But if there be any surplus of the proceeds of the sale of such real property, or any part thereof, the court or judge thereof shall order and direct a distribution of such surplus among those who would have been entitled to such land if the same had not been sold.

§ 1161.

Application of

person for

estate.

§ 1193. [1161.] At any time after the filing of the Oct. 11, 1862, first semi-annual account, any heir, devisee, or legatee may apply to the court, by petition, for an order that he heir or other have the possession and rents and profits thereof of the share of real portion of the real property to which he may be entitled, and that payment be made to him of his legacy or distributive share of the personal property of such estate, as the case may be.

1162.

Notice of appli cation, an

proceedings

§ 1194. [1162.] Notice of the application shall be Oct. 11, 1862, given to the executor or administrator ten days before the term at which it is made. If upon the hearing it appear that the estate is but little in debt, the court in thereon. its discretion may grant the petition or some part thereof, upon the condition that such applicant file with the clerk, within a time in the order specified, an undertaking, with one or more sufficient sureties, for the benefit of

Oct. 11, 1862, 1162.

Notice of application, and proceedings thereon.

Oct. 11, 1862, § 1163.

Qualification

whom it may concern, in a sum double the value of such real property, legacy, or distributive share, to be void upon the condition that such heir, legatee, or devisee will pay, when required, his proportion towards satisfying any claim against the estate.

§ 1195. [1163.] The sureties in such undertaking shall have the same qualifications as sureties in bail of sureties and upon arrest, and shall justify before the court or judge thereof in like manner. The costs of the proceeding shall be paid by the applicant.

undertaking.

Costs of application.

Oct. 11, 1862, 1164.

Application

refund.

§ 1196. [1164.] If, after the giving of such undertaking, it shall become necessary to satisfy any claim for decree to against the estate, to require the payment of all or any Notice thereof. part of the sum therein specified, it shall be the duty of the executor or administrator to apply by petition to the court for a decree to that effect. Notice of the application shall be given to the party filing the undertaking, ten days before the term at which the application is made.

Oct. 11, 1862, 1165.

Proceedings

how decree enforced.

§ 1197. [1165.] If, upon the hearing, it appear necessary and proper that such payment should be thereon, and made, the court shall decree accordingly, specifying therein the amount to be paid, and within what time; and if the amount be not paid within the time specified, the decree may be enforced against such party and the sureties in the undertaking, by execution, in the same manner as a decree in the circuit court.

« PreviousContinue »