ALBERT C. RITCHIE, GOVERNOR. 765

or corporation having a claim for such funeral expenses may
present to the Orphans' Court a petition verified by oath pray-
ing that tiie executor or administrator may be cited to show
cause why he should not be required to make such payment, and
a citation shall be issued accordingly. If upon the return of
said citation it shall appear that the executor or administrator
has received moneys belonging to the estate, which are ap-
plicable to the payment of the claims for funeral expenses, the
Orphans' Court shall, unless the validity of the claim admitted
by such executor or administrator, take proof as to the amount
and validity of the claim, and if satisfied that such claim is
valid, shall fix and determine the amount due thereon, and
shall make an order directing the payment within ten days
after the date of such order and service of a copy thereof upon
such executor or administrator of such claim or such propor-
tion thereof as the money in the hands of the executor or ad-
ministrator applicable thereto may be sufficient to satisfy. If
it shall appear that no money has come into the hands of the
executor or administrator, the proceeding shall be dismissed
without costs in the discretion of the Court and without preju-
dice to a further application or applications showing that since
such dismissal the executor or administrator has received
money belonging to the estate. Such application shall be made
upon a petition verified by oath stating the facts upon which
the belief of the petitioner, that there are moneys in the hands
of such executor or administrator applicable to the payment of
his claim, is based. Upon such further application the issu-
ance of the citation shall be in the discretion of the Orphans'
Court, and no such application shall be made less than three
months after the denial of any previous application. If upon
any accounting it shall appear that an executor or adminis-
trator has failed to pay a claim for funeral expenses, the
amount of which has been fixed and determined by the Orphans'
Court as above set forth or upon such accounting he shall not
be allowed for the payment of any debt or claim against the
decedent until said claim for funeral expenses has been dis-
charged in full; and upon failure of any executor or adminis-
trator to pay any claim for funeral expenses, after an order so
to do, he may, upon application, be removed.

SEC. 2. And be it further enacted, That this Act shall take
effect on June 1, 1922.

Approved April 13th, 1922.