J. MILLARD TAWES, Governor                      283

physicians furnishing said medical attendance and not more than
fifty dollars ($50.00) of which shall be paid to the nurse or nurses
furnishing said nursing attendance; [sixth] seventh, the allowance
for things lost or which have perished without the party's fault,
which allowance shall be according to the appraisement; [seventh]
eighth, debts of the deceased proved or passed in the following order,
(a) claims for rent in arrears against deceased persons, for which a
distress might be levied by law, but not for a period of more than
three months; (b) claims for wages, salaries or commissions to
clerks, servants, salesmen or employees contracted not more than
three months prior to decedent's death, and claims founded on judg-
ments and decrees, (c) all other just claims. If there be not sufficient
to discharge all such judgments and decrees, a proportionate dividend
shall be made between the judgment and decree creditors.

Subject to the order and priorities of allowance and payments
set forth in Section 6 of this Article, every executor or administrator,
within ninety days after the grant of letters, shall pay, out of (the
first) moneys received by him, [after the first cost of letters of ad-
ministration, and after all taxes due from his decedent shall have
been paid or determined,] the funeral expenses of his decedent, to
be allowed in the discretion of the orphans' court according to the
condition and circumstances of the deceased, in no event to exceed
$500.00, except by special order of court, and provided the estate of
the decedent be solvent [. and the same shall be preferred to all
debts and claims against the deceased, except for taxes due and in
arrears from the decedent]. If the said funeral expenses be not
paid within ninety days after the grant of letters testamentary or
of administration, 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 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
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 be 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 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 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 stat-
ing 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 issuance of the citation shall be in the discretion of the orphans'
court, and no such application shall be made less than three months

7.