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circumstances of the case, make further decree for the
distribution of assets.
When Executor, (2957.) SEC. 42. Whenever a decree shall have been made liable to creditor. by the Probate Court for the distribution of the assets among the creditors, the executor or Administrator, after the time of payment shall arrive, shall be personally liable to the creditors for their debts, or the dividend thereon, as for his own debt; or he shall be liable on his bond, and the same may be put in suit, on the application of a creditor, whose debt or dividend shall not be paid, as above mentioned.
Notice of time limited for Pay
(2958.) SEC. 43. When the time for paying the debts of a ment of Debts. deceased person shall be finally limited by order of the Probate Court, or by the expiration of the time allowed for that purpose, whether the estate shall be insolvent or not, the Probate Court may, on the application of the executor or Administrator, by an order for that purpose, cause notice to be given to the creditors, of the time appointed or limited for the payment of such debts; which notice shall be given by publishing the same at least three weeks successively in some newspaper to be designated by the Court, and in such other manner as the Court may direct.
Creditor neglecting to demand
(2959.) SEC. 44. If, after notice shall have been given as debt in two provided in the preceding section, any creditor shall neglect to demand from the executor or Administrator his debt, or the dividend thereon, within two years from the time so limited for the payment of the debts, or if the notice shall be given after such time, within two years from the last publication, the claim of such creditor shall be forever barred.
Contingent claims may be presented.
When Court may
for payment of claims.
(2960.) Sec. 45. If any person shall be liable as security for the deceased, or have any other contingent claim against his estate, which cannot be proved as a debt before the Commissioners, or allowed by them, the same may be presented, with the proper proof, to the Probate Court, or to the Commissioners, who shall state the same in their report, if such claim was presented to them.
(2961.) SEC. 46. If the Court shall be satisfied from the esta te retained report of the Commissioners, or by the proof exhibited, said Court may order the executor or Administrator to retain in his hands sufficient estate to pay such contingent claim when the same shall become absolute, or, if the estate shall be
insolvent, sufficient to pay a proportion equal to the dividends of the other creditors.
(2962.) Sec. 47. If such contingent claim shall become Contingent claim absolute, and shall be presented to the Probate Court, or to lute, may be prethe executor or Administrator, at any time within two years from the time limited for other creditors to present their claims to the Commissioners, it may be allowed by the Probate Court upon due proof, or it may be proved before the Commissioners already appointed, or before others to be appointed for that purpose, in the same manner as if presented for allowance before the Commissioners had made their report, and the persons interested shall have the same right of appeal as in other cases.
(2963.) SEC. 48. If such contingent claim shall be allowed, When claimant as mentioned in the preceding section, or established on ment. appeal, the creditor shall be entitled to receive payment to the same extent as other creditors, if the estate retained by the executor or Administrator shall be sufficient for that purpose; but if the claim shall not be finally established as provided in the preceding section, or if the assets retained in the hands of the executor or Administrator shall not be wholly exhausted in the payment of such claims, such assets, or the residue of them, shall be disposed of by order of the Probate Court, to the persons entitled to the same according to law.
after time limited claims, may be
(2964.) SEC. 49. If the claim of any person shall accrue or claim accruing become absolute, at any time after the time limited for for presenting creditors to present their claims, the person having such claim proved in Probate may present it to the Probate Court, and prove the same at any time within one year after it shall accrue or become absolute, and if established in the manner provided in this chapter, the executor or Administrator shall be required to pay it, if he shall have sufficient assets for that purpose, and shall be required to pay such part as he shall have assets to pay; and if real or personal estate shall afterwards come to his possession, he shall be required to pay such claim, or such part as he may have assets sufficient to pay, not exceeding the proportion of the other creditors, in such time as the Probate Court may prescribe.
may recover of
(2965.) SEC. 50. When a claim shall be presented within when creditor One year from the time when it shall accrue, and be established, heirs. as mentioned in the preceeding section, and the executor or Administrator shall not have sufficient to pay the whole of
Defence by Executor, etc., to action.
When defendant discharged, etc.
To what extent heirs lable.
such claim, the creditor shall have a right to recover such part of his claim as the executor or Administrator has not assets to pay, against the heirs, devisees or legatees, who shall have received sufficient real and personal property from the estate. (2966.) SEC. 51. If an action shall be commenced against an executor or Administrator on such claim, as is mentioned in the forty-ninth section, and for the payment of which sufficient assets shall not have been retained, as before provided in this chapter, the executor or Administrator may give notice under his plea to such action, that he has fully administered the estate which has come to his possession or knowledge.
(2967.) SEC. 52. If it shall appear on the trial of such action that the defendant had fully administered at the time the claim was presented, and bad no assets which could be lawfully appropriated for that purpose, he shall be discharged, and shall have judgment for his costs; but if it shall be found that he had assets sufficient to pay only a part of such claim, judgment shall be rendered against him for such sum only as shall be equal to the amount of assets in his hands.
(2968.) SEC. 53. When the heirs, devisees or legatees shall have received real or personal estate, and shall be liable for any debts as mentioned in this chapter, they shall be liable in proportion to the estate they may have respectively received ; and the creditor may have any proper action or suit in law or equity, and shall have a right to recover his claim against a part or all of such heirs, devisees or legatees, to the amount of the estate they may have respectively received, but no such action shall be maintained, unless commenced within one year from the time the claim shall be allowed or established. Contribution, etc. (2969.) SEC. 54. If by the will of the deceased, any part of his estate, or any devisees or legatees shall be made exclusively liable for the debt, the devisees or legatees shall be liable to contribute among themselves only according to the will.
When all persons liable not inclu
may be brought in.
(2970.) Sec. 55. If all the persons liable for the payment of ded in suit, oth any such debt shall not be included in the action or suit as defendants, the suit or action shall not thereby be in any way dismissed or barred; but the Court before which it shall be pending may order any other parties brought in, by any proper process, and may allow such amendments as may be necessary to make them defendants, on such terms as the Court shall prescribe.
Proceeding in (2971.) SEC. 56. If more than one person shall be liable as aforesaid, and the creditor shall bring a suit, in Chancery
against all or a part of the persons so liable, and the persons liable shall dispute the debt or the amount claimed, the Court of Chancery may order an issue to be formed, and direct that the amount may be ascertained by a jury in the Circuit Court of the county in which the estate is settled; and the Court of Chancery shall ascertain and determine how much each is liable to pay, and may award execution therefor.
(2972.) SEC. 57. If any of the heirs, devisees or legatees, when Estate of shall die without having paid his just share of the debts, his etc., liable. estate shall be liable therefor, as for his own debt, to the extent to which he would have been liable if living.
(2973.) SEC. 58. When any of the heirs, devisees or legatees, Contribution. shall pay more than his share of such debt, the other persons liable shall be holden and compelled to contribute their just proportion of the same, as is provided in the case of devisees. and legatees in the preceding sixty-eighth chapter.
ants not prevent
(2974.) SEC. 59. If the appointment of Commissioners to If appointment et allow claims shall in any case be omitted, the Judge of omitted, clain Probate shall perform the duties devolving upon such ed from suing. Commissioners by law, [and] no person, having any contingent or other lawful claim against a deceased person, shall thereby be prevented from prosecuting the same against the executor, Administrator, heirs, devisees or legatees, as provided by law, and in such case a claimant having a lien upon real or personal estate of the deceased, by attachment previous to his death, may, on obtaining judgment, have execution against such real or personal estate. (c)
are No action to be
as provided in
(2975.) SEC. 60. In no other case, except such as expressly provided for in this chapter, shall any action be prosecuted commenced or prosecuted against an executor or Administrator; tors, etc., except nor shall any writ of attachment or execution issue against this Chapter. such executor or Administrator, or against the estate of the deceased in his hands, during the time allowed him for the payment of debts, except in the case provided for in the preceding section.
An Act to Amend Chapter Seventy-Two of the Revised Statutes of Eighteen Hundred and Forty-
[Approved February 17, 1857. Laws of 1857, p. 466.]
(2976.) SECTION 1. The People of the State of Michigan enact,
(c) As Amended by Act 190 of 1850, Laws of 1850, p. 190.
Beo See. 2935.
That the following be added to chapter seventy-two, to stand as section sixty-one:
SEC. 61. If any person shall fail to appeal from the decision and report of Commissioners, in pursuance of section twenty of said chapter, he may be authorized to appeal in pursuance of section thirty, chapter ninety-one, of the Revised Statutes, in the same manner as in cases of appeals from orders or decrees of Judges of Probate.
SEC. 2. This act shall take immediate effect.
What Executor, etc., chargeable with.
To account for
Chapter Seventy-Three of Revised Statutes of 1846.
(2977.) SECTION 1. Every executor and Administrator shall be chargeable in his account with the whole of the goods, chattels, rights and credits of the deceased, which may come to his possession; also, with all the proceeds of the real estate which may be sold for the payment of debts and legacies, and with all the interest, profit and income which shall in any way come to his hands from the estate of the deceased.
(2978.) SEC. 2. Every executor and Administrator shall account for the personal estate of the deceased, as the same shall be appraised, except as provided in the following sections.