TESTAMENTARY SYSTEM.
to be inserted in some principal news-paper of Annapolis, Baltimore-town,
Philadelphia, New-York, and the seat of the federal government, an advertisement,
as follows, or fully to the following effect, viz. " This is to give
notice,
" that the subscriber (or subscribers ) of ------, hath (or have) obtained
from the
" orphans court of ------ county, in Maryland, letters testamentary (or
of administration)
" on the personal estate of ------, late of ------, deceased; all
" persons having claims against the said deceased are hereby warned to
exhibit the
" same, with the vouchers thereof, to the subscriber, at or before the
------
" day of ------ next, they may otherwise by law be excluded from all benefit
" of the said estate. Given under my hand this ------ day of ------."
15. It shall be the duty of an executor or
administrator, within thirteen calendar
months after the date of his letters, or within such further time, not
exceeding four months longer, as shall be allowed by the orphans court,
on his
making oath (or affirmation) as aforesaid, respecting the insufficiency
of the personal
estate to discharge all just claims known to him, or pay each claimant
his just proportion of the money then in his hands, (retaining as before
directed;)
it shall likewise be his duty, once in every term of six months, after
the first
distribution, to make distribution of the money which hath since come into
his
hands, until he shall have fully administered, and on failure his administration
bond may be put in suit.
16. In case all the assets shall have been
paid away, or delivered or distributed
in the manner hereafter directed, and a claim shall afterwards be exhibited,
of
which the executor or administrator had not knowledge or notice, he shall
not
be answerable for the same; and if he be sued for any claim, and shall
make it
appear to the court in which suit is brought, that he hath so paid away,
delivered
or distributed, and the plaintiff cannot prove that the defendant had knowledge
or notice as aforesaid before such payment, delivery or distribution, the
court
shall not proceed to give judgment, (although the amount of the claim against
the deceased may be ascertained as herein before directed,) until the plaintiff
shall
be able to shew further assets coming into the defendant's hands; but if
the
plaintiff shall prove notice, or knowledge of the said claim, against the
defendant,
judgment may immediately be given for such sum as the plaintiff ought
to have received at the dividend, and fieri facias may issue and
have effect, and
further judgment may be given, as herein before directed on coming in of
further
assets.
17. In all cases where an executor or administrator
is to make a payment or
distribution amongst creditors, he may give notice, three weeks successively
in
some convenient news-paper, of the time and place for making it, and in
case
any creditor shall not attend in person, or by agent or attorney, to receive
the
amount or proportionable part of the claim, all interest on such claim
or proportionable
part shall cease from that time; provided, that the executor or
administrator shall, at any time thereafter, on demand, pay the said claim,
or
proportionable part, to the party, his agent or attorney duly authorised;
and
whenever the executor or administrator shall proceed to make an additional
payment
or dividend, he may advertise as aforesaid, and interest shall stop as
aforesaid; and if at any additional dividend a just claim established as
hereafter
directed shall be exhibited, the creditors shall be entitled to such sum
as will
place him on an equal footing with those who have already received a dividend.
18. In paying the debts of the deceased, an
executor or administrator shall
observe the following rules:
Judgments and decrees against the deceased shall be
wholly discharged before
any part of other claims.
After such judgments and decrees shall be satisfied,
all other just claims shall
be admitted to a distribution, on an equal footing, without priority or
preference.
If there be not sufficient to discharge all such
judgments and decrees, a proportionable
division or dividend shall be made between the judgment and decree
creditors, but no executor or administrator shall be bound to discover
what judgements
|
|