Method to be
observed in
the paying of
debts. |
126 DIRECTIONS for
EXrs and ADMrs.
bonds, bills, or accounts, he must have notice
given him. |
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After recognizances are paid, or if after enquiry
made it be found that there are no recognizances,
or judgments, then specialties and all
other vouchers included in the third class are to
be paid off, before any accounts, or vouchers
included in the fourth class, because those
vouchers are inferior to specialties, and peculiar
to the fourth and last class.
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It may be inferred from the above, that no
debts belonging to the fourth, or last class,
ought to be paid, until all the other debts be
satisfied; nor any of the third class until those
of the first and second be discharged; that is,
no inferior debt is to be paid, as long as a superior
debt remains unpaid. For if the executor
or administrator pays a debt on open account,
after notice given of a debt on bond or
other specialty, (which being of a superior
nature should have been first paid) such executor
or administrator shall be answerable to make
it good out of his own proper goods, to the amount
of the sum paid in discharge of such inferior
debt, if so much it will take to satisfy |
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