expenses expenses sickness. 1646. (§ 242.) The executor or administrator, as Funeral soon as he has sufficient funds in his hands, must pay and the funeral expenses and the expenses of the last sick- of last ness, and the allowance made to the family of the decedent. He may retain in his hands the necessary expenses of administration, but he is not obliged to pay any other debt or any legacy until, as prescribed in this Article, the payment has been ordered by the Court. 1647. (§ 243.) Upon the settlement of the accounts of the executor or administrator, at the end of the year, as required in this Chapter, the Court must make an order for the payment of the debts, as the circumstances of the estate require. If there is not sufficient funds in the hands of the executor or administrator, the Court must specify in the decree the sum to be paid to each creditor. If the whole property of the estate be exhausted by such payment or distribution, such account must be considered as a final account, and the executor or administrator is entitled to his discharge, on producing and filing the necessary vouchers and proofs showing that such payments have been made, and that he has fully complied with the decree of the Court. Order for debts and payment of discharge of the executor or admin istrator. for dispu ted and contingent claims. 1648. (§ 244.) If there is any claim not due, or Provision any contingent or disputed claim against the estate, the amount thereof, or such part of the same as the holder would be entitled to if the claim were due, established, or absolute, must be paid into the Court, and there remain, to be paid over to the party when he becomes entitled thereto; or, if he fails to establish his claim, to be paid over or distributed as the circumstances of the estate require. If any creditor whose claim has been allowed, but is not yet due, appears and assents to a deduction therefrom of the legal in After decree for payment of debts, executor personally liable to creditors. Claims not disposed of. Order for payment of legacies and exten sion of time terest for the time the claim has yet to run, he is entitled to be paid accordingly. The payments provided for in this section are not to be made when the estate is insolvent, unless a pro rata distribution is ordered. 1649. (§ 245.) When a decree is made by the Probate Court for the payment of creditors, the exeeutor or administrator is personally liable to each creditor for his allowed claim, or the dividend thereon, and execution may be issued on such decree, as upon a judgment in the District Court, in favor of each creditor, and the same proceeding may be had under such execution as if it had been issued from the District Court. The executor or administrator is liable therefor, on his bond, to each creditor. 1650. (§ 246.) When the accounts of the administrator or executor have been settled, and an order made for the payment of debts and distribution of the estate, no creditor whose claim was not included in the order for payment has any right to call upon the creditors who have been paid, or upon the heirs, devisees, or legatees to contribute to the payment of his claim; but if the executor or administrator has failed to give the notice to the creditors, as prescribed in Section 1491, such creditor may recover on the bond of the executor or administrator the amount of his claim, or such part thereof as he would have been entitled to had it been allowed. This section shall not apply to any creditor whose claim was not due ten months before the day of settlement, or whose claim was contingent and did not become absolute ten months before such day. 1651. (§ 247.) If the whole of the debts have been paid by the first distribution, the Court must direct the payment of legacies and the distribution of the estate among the heirs, legatees, or other persons entitled, as provided in the next Chapter; but if there be debts remaining unpaid, or if, for other reasons, the estate be not in a proper condition to be closed, the Court must give such extension of time as may be reasonable for a final settlement of the estate. account, when to be made. 1652. (§ 248.) At the time designated in the last Final section, or sooner, if within that time all the property of the estate has been sold, or there are sufficient funds in his hands for the payment of all the debts due by the estate, and the estate be in a proper condition to be closed, the executor or administrator must render a final account, and pray a settlement of his administration. render final how 1653. ($249.) If he neglects to render his account, Neglect to the same proceedings may be had as prescribed in this account, Chapter in regard to the first account to be rendered treated. by him; and all the provisions of this Chapter relative to the last mentioned account, and the notice and settlement thereof, apply to his account presented for final settlement. CHAPTER XI. OF THE PARTITION, DISTRIBUTION, AND FINAL SETTLEMENT ARTICLE I. PARTIAL DISTRIBUTION PRIOR TO FINAL SETTLEMENT. III. DISTRIBUTION AND PARTITION. IV. AGENTS FOR ABSENT INTERESTED PARTIES, DISCHARGE OF EXECUTOR OR ADMINISTRATOR. ARTICLE I. PARTIAL DISTRIBUTION PRIOR TO FINAL SETTLEMENT. SECTION 1658. Payment of legacies upon giving bonds. 1659. Notice of application for legacies. Payment of legacies bonds. SECTION 1660. Executor or other person may resist application. 1662. Order for payment of bond, and suit thereon. 1658. (§ 250.) At any time after the lapse of four upon giving months from the issuing of letters testamentary or of administration, any heir, devisee, or legatee may present his petition to the Court for the legacy or share of the estate to which he is entitled, to be given to him upon his giving bonds, with security, for the payment of his proportion of the debts of the estate. Notice of application 1659. (§ 251.) Notice of the application must be for legacies. given to the executor or administrator, personally, and to all persons interested in the estate, in the same manner that notice is required to be given of the settlement of the account of an executor or administrator. Executor or other person may cation. 1660. (§ 252.) The executor or administrator, or resist appli- any person interested in the estate, may appear at the time named and resist the application, or any other heir, devisee, or legatee may make a similar application for himself. Decree prayed for to require bond, be given. 1661. (§§ 253, 254, 255, 256.) If at the hearing, it appears that the estate is but little indebted, and which must that the share of the party applying may be allowed to him without loss to the creditors of the estate, the Court must make an order in conformity with the prayer of the applicant, requiring: 1. Each heir, legatee, or devisee obtaining such order, before receiving his share or any portion thereof, to execute and deliver to the executor or administrator a bond, in such sum as shall be designated by the Probate Judge, with sureties to be approved by the Judge, payable to the executor or administrator, and conditioned for the payment, whenever required, of his proportion of the debts due from the estate, not exceeding the value or amount of the legacy or portion of the estate to which he is entitled; 2. The executor or administrator to deliver to the heir, legatee, or devisee the whole portion of the estate to which he may be entitled, or only a part thereof, designating it. May order whole or part of share to be delivered. partition how made. If, in the execution of the order, a partition is neces- Where sary, between two or more of the parties interested, it necessary, must be made in the manner hereinafter prescribed. The costs of these proceedings to be paid by the Costs. applicant, or if there be more than one, to be apportioned equally amongst them. Order for payment and suit 1662. (§ 257.) When any bond has been executed and delivered, under the provisions of the pre- of bond, ceding section, and it is necessary for the settlement thereon. of the estate to require the payment of any part of the money thereby secured, the executor or administrator must petition the Court for an order requiring the payment, and have a citation issued and served on the party bound, requiring him to appear and show cause why the order should not be made. At the hearing, the Court, if satisfied of the necessity of such payment, must make an order accordingly, designating the amount and giving a time within which it must be paid. If the money is not paid within the time allowed, an action may be maintained by the executor or administrator on the bond. ARTICLE II. DISTRIBUTION ON FINAL SETTLEMENT. SECTION 1665. Distribution of estate, how made and to whom. 1666. What the decree must contain, and is final. 1667. Distribution when decedent was not a resident of this State. |