1822 - Edocs
1822 - Edocs
1822 - Edocs
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135<br />
'.he person entitled to distribution or to a legacy, to refur-!<br />
due proportion of any deiu or demand, which may<br />
-<br />
aft" .rwar.ds appe , r against the estate, and costs attending<br />
the recovery of such debts: Provided, that such debts and<br />
demands shall appear within five years after the granting<br />
the letters of .duun st rayon or 'letters testamentary,<br />
28. Be ft furt her enacted , That, debts and demands,<br />
which shall no' be exhi >ited, within the said-^five years,<br />
shall fore ve* afterwards hje barred: Provide^! also, ..that<br />
the t cecutor or administrator shall i^ive notice notice,.^to to all ait<br />
creditors and legatees or distributees that tney<br />
will be<br />
barred within the tune aforesaid, unless they exhibit<br />
their respective demands to said executorsoiL administrators<br />
within the time specified as aforesaid, sticn notice to<br />
be given in some public newspaper printed in this Territory,<br />
and also in some newspaper printed in some neighboring<br />
state, or territory, to be continuecTin such paper<br />
for at least fur weeks, saving ta>wever to married wo- Saving,<br />
men, infants, persons of unsound mind, persons imprisoned<br />
and persons beyond the limits of the boundaries of<br />
the United States, or in the military or naval service of<br />
the United States, during the war, the said term of five<br />
years, after their respective disabilities are removed, to<br />
exhibit their respective demands to said executors or<br />
administrators.<br />
29. Le n further enacted, That no executor or admin<br />
istrator shall be compelled to pay debts within six months<br />
after tut taking* the letters of administration or letters<br />
testamentary as aforesaid. And if any person shall, bring<br />
an action against any executor or administrator within<br />
six months as aforesaid, such person bringing such action,<br />
although he mav obtain judment f&r the a^mount^ of<br />
his debt or demand, shall not recover, any costs^of his<br />
suit: Aud no person shall take out an execution on such<br />
judgment within six months aforesaid, nor shall any execution<br />
issue on any judgment obtained against said deceased,<br />
in his life time, in less than six months after<br />
granting administration as aforesaid.<br />
30. Be itfurth/r enacted. That, in all cases where judgments<br />
arc rendered against executors or administrators<br />
to be levied on the goods and chattels of the deceased, the<br />
judgment shall not be entered for costs against the executor<br />
or administrator of his own proper goods.<br />
31. Be itfurther enacted, That, all debts owing by any<br />
person, at the time of his or her decease, shall be paid<br />
by his or her executors or administrators, reserving first<br />
to the widows, in all cases her right of dower, as far as<br />
they have assets, in the manner following, to wit: First,<br />
funeral expenses, servants wages, physic, and medical attendance<br />
during the last sickness of the deceased, boarding,<br />
tavern and washing bills; and judgments that were<br />
Debts not exhibit<br />
tti within five<br />
years.<br />
Proviso.<br />
Executor &c. da<br />
liable forBix*<br />
months.<br />
Executors &c. not<br />
liable for costs.<br />
Rank of debts