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territory, and in all such cases such delinquent shall pay
SEC. 187. When an executor or administrator shall present his account for settlement, the probate court shall settle the same according to law, allow all reasonable charges for the expenses of administration, funeral expenses, and all disbursements and appropriations made by order of the court, and a reasonable compensation for the trouble and expenses of the executor or administrator.
SEC. 188. Upon every settlement the executor or administrator shall show that every claim for which disbursements have been made, has been allowed by the court according to law, or shall produce such proof of the demands as would enable the claimant to recover it in a suit at law. SEC. 189. At every settlement, the court shall ascertain
Money remaining to be appor
ttoned among the amount of money of the estate which has come to the
hands of such executor or administrator from all sources, and the amount of debts allowed against such estate; and if there be not sufficient to pay the whole of the debts and expenses of administration, the money remaining after paying the expenses of administration, shall be apportioned among the creditors, according to this act, and the court shall order that such exccutor or administrator pay the claims allowed by the court according to such apportionment, reserving apportionments made on claims which remain undecided, until decision be had thereon.
Reasonable charges allowed.
Proof to be produced.
Debts paid or amounts exhaus ted.
Pailure to pay
SEC. 190. The probate court, upon every settlement, shall proceed in like manner until all the debts be paid, or the assets exhausted; and if, upon such settlement, there shall be money enough to satisfy all demands of any one class legally exhibited against such estate, the court shall order the whole to be paid.
SEC. 191. If any executor or administrator fail to pay any claim thus ordered to be paid according to the two preceding sections, when demanded, the probate court, on application of such creditor, and being satisfied that such demand has been made, shall issue execution for the amount
ordered to be paid and costs, against the property, goods, chattels and real estate of such executor or administrator.
SEC. 192. If any such execution be returned unsatisfied, security to pay. the creditor may sue out of the probate court an order against any one or more of the securities of such executor or administrator, referring to the bond, the order of payment, the execution and return, and requiring such security to show cause why judgment should not be rendered against him for the amount so ordered to be paid and still unsatisfied.
SEC. 193. Such order may be directed to, and served in any county in this territory, and if, upon the return thereof, no good cause to the contrary be shown, the court shall render judgment against such security for the amount unpaid and costs, and award execution therefor.
SEC. 194. If any executor or administrator wish to make final settlement, he shall publish for four weeks in some newspaper in this territory, a notice to all creditors and others interested in the estate, that he intends to make final settlement at the next term of the court.
Judgmen t against security.
Notice to creditors.
SEC. 195. If it appear to the court that such notice was duly published, and that the estate of the deceased has ment. been fully administered, the court shall make final settlement, which shall be conducted as semi-annual settlements.
Credit to be
SEC. 196. At his final settlement, the court shall give credit to the executor or administrator for debts which have given executors. been charged in the inventory as due to the estate, if the court be satisfied that such debts was not really due to the estate, or that it has been balanced or reduced by off-sets in any court of competent jurisdiction, or the debtor was insolvent, or that from any other cause it was impossible for the executor or administrator to have collected snch claim by the exercise of due diligence.
Of the Distribution of the Estates..
SEC. 197. Executors and administrators shall not be compelled to make distribution, or pay legacies, until six months after the date of the letters, unless the legacies
to make distri
bution under s x
Payment of legacies.
Sale of personal property
specified would be perishable, or subject to injury, if retained one year.
Sec. 198. No executor or administrator shall be compelled to pay legacies or make distribution, within one year after the date of his letters, unless ordered to do so by the court, until bond and security be given by the legatee or distributee to refund his due proportion of any debt which may afterwards be established against his estate, and the costs attending the recovery thereof. But the widow shall not be required to give such bond before she receive the property selected by her under this act.
Sec. 199. If upon any settlement it appear that there is sufficient money to satisfy all the demands against an estate, the court shall order the payment of legacies and distribution of shares, as in the case of debts, except that specific legacies shall be first satisfied.
Sec. 200. If any personal property descend, and an equal division thereof cannot be made in kind, the probate court may order the sale of such personal property, (prescribing the time, place, manner and terms of sale), and cause the money to be distributed according to the rights of those entitled to distribution.
Sec. 201. Each person entitled to distribution, not applying therefore, shall be notified in writing of such application ten days before such order shall be made; or if such person do not reside in this territory, a notice of such application shall be published in some newspaper in this territory, four consecutive weeks before such order shall be made.
Sec. 202. When such order for the sale of personal Order of sale by
estate shall be made by the court, it shall settle the claims of the distributees, and order the person selling such property, to distribute the money arising therefrom, according to the rights of each person.
SEC. 203. If any distributee become a purchaser of purchaser.
such property, his receipt for the amount of his share shall be received in payment of an equal amount of the
Distributees to be notified.
purchase money, and the court shall allow the amount of such receipt as so much distributed under the order of
SEC. 204. If, after the payment of legacies or distributions, it becomes necessary that the same, or any part thereof, be refunded for the payment of debts, the court, on application, shall apportion the same among the legatees or distributees according to the amount received by them, except that specific legacies shall not be required to be refunded, unless the residue be insufficient to satisfy such debts.
SEC. 205. If any legatee or distributee fail to refund, according to such order, the court shall, on motion of the executor or administrator, ten days notice in writing having been given to the legatee or distributee, enter judgment for the amount apportioned to him.
SEC. 206. The probate court, as occasion may require, may order such appropriations for the support of minor children of the deceased, not otherwise provided for, as will not prejudice the rights of creditors.
SEC. 207. Until the widow's portion be assigned, the court shall order such sum to be paid to her out of the rent of real estate, as shall be in proportion to her interest in the real estate.
Failure to re
Sum paid to widow.
SEC. 208. If, upon the return of the inventory and Estate delivery-d appraisement, it appears to the court that the whole amount of the estate is not more than that to which the widow is by law entitled, without being subject to the payment of debts, and that there are no debts due the estate, or so small they would not defray the expenses of collection and of administration, the probate court may, in its discretion, make an order that such estate be delivered to the widow, and that all further advertisements, settlements and other proceedings under said administration be dispensed with, unless further estate be discovered, or the court order the administration to be proceeded with.
SEC. 209. If, upon final settlement, it appear that Non-residents.
Money into county treasury.
Certificate on the treasury.
any legatee or distributee is non-resident, or from any other cause is not in a situation to receive his share, and give a discharge therefor, or does not appear by himself, or agent, to receive the same, the probate court shall order the executor or administrator to lend out the money, on good security, for such limited time as the court may direct, not exceeding one year.
SEC. 210. In all cases when the legatee or distributee shall not appear within one year after final settlement by the executor or administrator, and claim his share, the probate court shall order the same to be paid into the county treasury.
Personal property to be sold.
SEC. 211. When any share shall be paid into the treasury, the executor or administrator shall take from the treasurer duplicate receipts, one of which he shall retain, and file the other with the judge of the probate court, ordering the share to be paid into the treasury, and the court shall credit the executor or administrator therewith.
Disposition of property of nonresidents.
SEC. 212. When any legatee or distributee shall appear and claim any share paid into the treasury, the probate court before whom the final settlement was made, being first satisfied of his right, shall grant him a certificate, under its scal; and on presentation of the certificate to the treasuer, he shall pay him the amount.
SEC. 213. If, after the expiration of one year after the final settlement, there should remain in the hands of the executor or administrator, any personal property unclaimed by the legatees or distributees, the court shall order the same to be sold and the proceeds paid into the county treasury; and the same may be drawn therefrom in the manner provided in the preceding section.
SEC. 214. When administration shall be taken in this territory on the estate of any person who, at the time of his decease, was an inhabitant of any other state or country, his real estate found here, after the payment of his debts, shall be disposed of according to his last will, according to the laws of this territory, and his personal estate, according