HERBERT R. O'CONOR GOVERNOR. 1205

decedent. If the said funeral expenses be not paid within
ninety days after the grant of letters testamentary or of ad-
ministration, the person or corporation having a claim for
such funeral expenses may present to the Orphans' Court a
petition verified by oath praying that the executor or admin-
istrator 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 such citation it shall
appear that the executor or administrator has received moneys
belonging to the estate which are applicable 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 proportion thereof as
the money in the hands of the executor or administrator appli-
cable 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 prejudice 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 administra-
tor 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 June 1, 1941.

Approved May 2, 1941.