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When suit to be

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fraudulently con

veyed by de


1 Kernan, 237.

(2913.) SEC. 16. When there shall be a deficiency of assets Cover Lands, etc., in the hands of an executor or Administrator, and when the deceased shall, in his lifetime, have conveyed any real estate, or any right or interest therein, with the intent to defraud his creditors, or to avoid any right, debt or duty of any person, or shall have so conveyed such estate that by law the deeds or conveyances are void as against creditors, the executor or Administrator may, and it shall be his duty to commence and prosecute to final judgment, any proper action or suit, at law or in Chancery, for the recovery of the same, and may recover, for the benefit of the creditors, all such real estate so fraudu lently conveyed; and may also, for the benefit of the creditors, sue and recover for all goods, chattels, rights or credits which may have been so fraudulently conveyed by the deceased in his lifetime, whatever may have been the manner of such fraudulent conveyance.

Executors, etc., not bouad to pro

application of creditors, etc.

(2914.) SEC. 17. No executor or Administrator shall be secute except on bound to sue for such estate as mentioned in the preceding section, for the benefit of the creditors, unless on application of creditors of the deceased, nor unless the creditors making the application shall pay such part of the costs and expenses, or give such security to the executor or Administrator therefor, as the Probate Court shall judge just and equitable.

Disposition of Estate recovered.

(2915.) SEC. 18. All real estate so recovered as provided in the sixteenth section of this chapter, shall be sold for the payment of debts, in the same manner as if the deceased had died seized thereof, upon obtaining a license therefor from the Probate Court, and the proceeds of all goods, chattels rights and credits recovered as aforesaid, shall be appropriated in payment of the debts of the deceased, in the same manner as other assets in the hands of the executor or Administrator.

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2995. Commissioners to be sworn, and may administer oaths.

2926 Report of Commissioners.

2927. What claims Commissioners may try and decide.

993. Debts payable at a future day.

2929. Persons failing to present claims to be barred.

24. No suit to be commenced against Executor or Administrator except ejectment,


2931. Actions pending to be prosecuted to judg. ment, and judgment certified, etc.

9902 Executor or Administrator not prevented from bringing suit.

293. Set-offs in suits by Executors, etc. 2934. Cases of joint contracts.


25, 2976. Appeal how made, and when. 2936. Bond to be given on appeal. 2967. Cases in which appeal may be allowed. 2808. Notice of appeal and of hearing. 2509. Party appealing to procure and file copy of Record.


2940. Trial of Appeal.

2941. Judgment to be certified to Probate Court, etc.

2942. When claim barred, etc.

2943. When Circuit Court shall affirm allowance appealed from.

2944. When any person interested in Estate may appeal.

2945. Notice in case of appeal by Executor, etc., on disallowance of his claim.


2946. Order allowing time for paying Debts, etc. 2947. Court may extend time.

2948. Application for extension and notice of hearing.

2949. When new Administrator appointed, Court may extend time, etc.

OF THE DISTRIBUTION OF ASSETS AMONG THE CREDITORS, AND OF INSOLVENT ESTATES. 2950. When Executor, etc., to pay Debts, etc. 2951. Order of payment.

2952. When Creditors to be paid dividend. 2953. When Court to order payment of Debts and distribution of assets. 2954. Court may suspend decree in case of appeal undetermined.

2955. When disputed claim ordered to be paid. 2956. Further decree for distribution.

2957. When Executor, etc., personally liable to Creditor.

2958. Notice of time limited for payment of Debts.

2959. Creditor neglecting to demand Debt in two years, may be barred.


2960. Contingent claims may be presented. 2961. When Court may order sufficient Estate retained for payment of claims.

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Commissioners to examine and ad

to be appointed.

Chapter Seventy-Two of Revised Statutes of 1846.

(2916.) SECTION 1. When letters testamentary or of adminjust claims, when istration shall be granted by the Judge of any Court of Probate, such Judge may in his discretion, or upon the written application of the executor or Administrator, appoint two or more suitable persons to be Commissioners, to receive, examine and adjust all claims and demands of all persons against the deceased, except in the following cases:

Commissioners to appoint time and

and give notice.

1. When it shall appear that there are no debts existing against such deceased person;

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2. When the value of the whole estate, exclusive of the furniture and other personal property, allowed to the widow, shall not exceed one hundred and fifty dollars, and shall be assigned for the support of the widow and children, as provided by law, in which case such assignment shall be deemed a full and final administration, and bar to all claims against the estate. (a)

(2917.) SEC. 2. When such Commissioners shall be appointed, place of meeting, it shall be their duty to appoint convenient times and places when and where they will meet, for the purpose of examining and allowing the claims; and within sixty days after their appointment, they shall give notice of the times and places of their meeting, and of the time limited for creditors to present their claims, by posting a notice thereof in four public places in the same county, and by publishing the same at least four weeks successively in some newspaper printed in this State, or in any other manner that the Court may direct.

Judge of Probate to designate pa

(2918.) SEC. 3. The Judge of Probate, in the commission per in which no issued to the Commissioners, shall designate the paper in which lished, etc. such notice shall be published, and the number of places in

tice to be pub

(a) As Amended by Act 190 of 1850. Laws of 1850, p. 190.

the several townships in which it shall be required to be posted, and any other mode of notifying which he may deem. necessary and proper.

sioner shall die,

point another in

(2919.) Sec. 4. If any Commissioner, appointed by the when CommisProbate Court, shall at any time die, remove out of the State, etc., Court to ap refuse, or become in any other way incapacitated to perform his place. the duties of his appointment, the Court may appoint another Commissioner in his place; and no further notice of the meetings of the Commissioners shall be required, in consequence of such appointment.


(2920.) SEC. 5. The Probate Court shall allow such time as Time allowed for the circumstances of the case shall require, for the creditors claims. to present their claims to the Commissioners for examination and allowance, which time shall not, in the first instance, exceed eighteen months, nor be less than six months; and the time allowed shall be stated in the commission.

tended not ex

(2921.) SEC. 6. The Probate Court may extend the time Time may be exallowed to creditors to present their claims, as the circum-ceeding twe stances of the case may require; but not so that the whole years. time shall exceed two years from the time of appointing such Commissioners.

Probate may re

the new Commission

in case of failure

the of creditor to pre

sent claim.

(2922.) SEC. 7. On the application of a creditor who has when Judge of failed to present his claim, if made at any time before estate is closed, the Judge of Probate may revive commission, and allow further time, not exceeding three months, for the Commissioners to examine such claim; in which case the Commissioners shall cause personally to be notified the parties of the time and place of hearing, and as soon as may be, make return of their doings to the Probate Court: Provided, That all costs and charges resulting from such application and the proceedings thereon, had in the Probate Court, shall be paid by the party making the application. (b) (2923.) SEC. 8. In the case mentioned in the preceding When Court may section, if the Judge of Probate shall think proper, just claim." instead of renewing the commission, he may appoint a time and place for examination and adjustment of such claim, before himself, and cause personal notice thereof to be given to the parties; and in that case, he shall proceed to examine and adjust such claim, in like manner as the same might have been done by such Commissioners.

examine and ad

() As Amended by "An Act to Amend Section Seven, of Chapter Seventy-Two, of the Revised Statutes. Approved February 14, 1853; Laws of 1853, p. 179.


Commissioners to be sworn, and

may oaths.

(2924.) SEC. 9. When a creditor against whom the deceased had claims, shall present a claim to the Commissioners, the executor or Administrator shall exhibit the claims of the deceased in offset to the claims of the creditor, and the Commissioners shall ascertain and allow the balance against or in favor of the estate, as they shall find the same to be; but no claim barred by the statute of limitations, shall be allowed by the Commissioners in favor of or against the estate, as a set-off or otherwise.

(2925.) SEC. 10. The Commissioners shall be sworn to the administer faithful discharge of their duties, and any one of them shall be authorized to administer oaths to parties and witnesses, when the same shall be required or proper for the investigation and trial of questions before them.

Report of Commissioners.


cide, etc.

(2926.) SEC. 11. At the expiration of the time limited, or as soon thereafter as they shall have time to complete the hearing of the claims presented, the Commissioners shall make a report of their doings to the Probate Court, embracing lists. of the claims presented, or exhibited in offset, and stating how much was allowed, and how much disallowed, together with the final balance, whether in favor of the creditor or the estate; and the report shall state particularly the manner of giving notice to the claimants.

What claims (2927.) SEC. 12. The Commissioners shall have power to may try and de- try and decide upon all claims, which by law survive against or in favor of executors and Administrators, except claims for the possession or title of real estate; and may examine and allow all demands, at their then present value, which may be payable at a future day, including claims payable in specific articles, and may offset such demands in the same manner in favor of the estate.

Debts payable at a future day.

Persons failing to
present claims to
be barred.
See Sec. 2976.

(2928.) SEC. 13. Nothing in the preceding section shall be construed to prevent any executor or Administrator from paying any debt which shall be payable at a future day, according to the terms, and at the time specified in the


(2929.) SEC. 14. Every person having a claim against a deceased person, proper to be allowed by the Commissioners, who shall not, after the publication of notice as required in the second section of this chapter, exhibit his claim to the Commissioners within the time limited by the Court for that purpose, shall be forever barred from recovering such demand, or from setting off the same in any action whatever.

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