Method to be
observed in
the paying of
debts. |
128 DIRECTIONS for
EXrs. and ADMrs.
he shall pay the costs of suit on such action out
of his own property; but if he refused payment
by reason of the debt not appearing due to him,
or that the account was disallowed, and rejected
by the commissary, in such case he shall not
lose the costs, but the estate shall pay it; an
entry thereof being made at his request in the
minutes of the court where such judgment was
rendered, " that he, the executor or administrator
" had probable cause to contest this suit," an attested
certificate under seal, of such entry being made,
must be produced to the commissary, to entitle
him to an allowance.
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The rule that country debts are to be paid before
foreign debts, is thus to be understood;
country debts, whereof the executor or administrator
had notice, ought to be paid before
foreign debts of the same class; for instance, a
foreign bond, or other voucher of the third
class, is not to be paid, until all country bonds,
and other debts of the same degree, or third
class, be discharged; but a foreign bond or
other voucher of the third class, must be paid
before a country open account or other voucher
of the fourth class, those being of an inferior
degree; but of all debts of the same class,
the country debts have the preference. |
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