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Session Laws, 1969
Volume 692, Page 65   View pdf image
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MARVIN MANDEL, Governor                            65

(2) the payment was made, due to the negligence or wilful fault
of the personal representative, in such manner as to deprive the in-
jured claimant of his priority.

8-109. Liability of personal representative.

(a)    The individual liability of a personal representative to third
parties, as distinguished from his fiduciary accountability to the
estate, arising from the administration of the estate is that of an
agent for a disclosed principal.

(b)    A personal representative is not individually liable on con-
tracts properly entered into in his fiduciary capacity in the course of
administration of the estate unless he expressly agrees to be.

(c)    A personal representative is not individually liable for obli-
gations arising from possession or control of property of the estate
or for torts committed in the course of administration of the estate
unless he is personally at fault.

(d)    Claims based upon contracts, obligations and torts of the
types described in Subsections (b) and (c) may be allowed against
the estate whether or not the personal representative is individually
liable therefor.

(e)    The individual liability of the personal representative to
third parties arising from the administration of the estate may be
determined in the same action, suit or court proceeding in which a
claim by such third party against the estate is considered.

(f)    When there is doubt whether a claim should be allowed
against the estate or against the personal representative as an in-
dividual, or both, a court in which a proceeding or action to enforce
the claim is pending shall direct that notice be given to all interested
persons and all creditors whose interests will be affected by the re-
sult and shall give them an opportunity to be heard.

(g)    When the court allows a claim against the personal repre-
sentative individually, the allowance has the same effect as a judg-
ment against him.

(h) A personal representative shall be entitled to appoint a meet-
ing of all creditors whose claims have been duly filed pursuant to the
provisions of subsections (a) or (b) of Section 8-104 on a day
designated by order of the Court, upon the giving of written notice
to all of such creditors of the time, date, place and purpose of the
meeting which shall not be held in less than ten days from the giving
of the notice. The approval of any part or all of any of the claims
of creditors represented at such meeting shall be made under the
direction and control of the Court and the payment of any claim as
approved by Court order shall protect and indemnify the personal
representative acting in obedience to it, subject to any perfected
appeal.

8-110. Claim not yet due.

Upon proof of an unsecured claim which will become due at some
future time, the same may be paid immediately if the claimant will
consent to such discount, if any, as the court thinks reasonable;
ot