J. MILLARD TAWES, Governor 335
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THE ORPHANS' COURT, IF SATISFIED THAT THE ALLE-
GATIONS IN SAID PETITION ARE TRUE, MAY PASS A PRE-
LIMINARY ORDER DECLARING THAT NO FORMAL PROCEED-
ING IS NECESSARY AND INSTRUCTING THE PETITIONER
TO PUBLISH ONCE IN SUBSTANTIALLY THE USUAL FORM,
NOTICE TO CREDITORS TO EXHIBIT THEIR CLAIMS, DULY
AUTHENTICATED, WITHIN THIRTY (30) DAYS AFTER SUCH
NOTICE, SAID NOTICE, TO CREDITORS SHALL BE INSERTED
IN WHATEVER NEWSPAPERS THE ORPHANS' COURT OR
THE REGISTER OF WILLS SHALL DIRECT.
// there is a Will, the same shall be admitted to probate by the
Orphans' Court in the manner provided by law.
(b) Whenever such a preliminary order has been passed and the
notice has been published and the time provided in such notice has
expired, the petitioner shall file, under oath, a statement declaring
that the notice has been published, and that the said time has ex-
pired, and listing all then known creditors, including contingent
and disputed claims, and the amount of each claim. If satisfied
that said statement is true, and after hearing and disposing of any
objections filed in the orphans' court by anyone interested in the
estate, the orphans' court shall pass a final order (i) directing the
petitioner to pay from the estate all said claims, as well as the
customary widow's allowance, if any, in the order of priority
provided by law for an administrator, and (ii) authorizing any
person having possession of any property of the decedent's estate
to transfer and pay over the same in accordance with the petitioner's
directions, and (in) decreeing that, after the Register of Wills
certifies upon said final order that he has seen the vouchers f or the
payment of said claims and is satisfied that said claims, as well as
all inheritance taxes and the fees hereinafter provided have been
paid, then the remaining balance of said estate, if any, shall be
vested in the appropriate person or persons [of the following, that
is to say] as directed by the will, and if there is no will then as
follows:
(1) In the spouse, if there be one surviving, or
(2) If there be no surviving spouse, in the decedent's child or
children, equally (the share of any minor child to vest in the person
haying custody of such child, to be used for the care of such
child), or
(3) If there be neither surviving spouse nor surviving children,
then in those persons who would be entitled thereto under the
laws of descent and distribution in this Article provided for the
property of intestates.
The orphans' court may also provide in its final order for sale of
any property, upon such terms as it deems advisable and for the
distribution of the proceeds, in accordance with its final order.
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