1822 - Edocs

aste or devasta-
•xeeutor kc. not
ly administered
136
obtained against the deceased in his life time, and rendered
not more than one year before the death of the deceased,
unless where executions have regularly been taken out
and continued to the time of the death of the deceased.
And ail other debts shall be paid without regarding the
quality of the same except debts due to the Territory,
which shall be paid last. But if there shall not be assets
enough to discharge the funeral expenses, physician's
bills, servants wages, and judgments as aforesaid, then
the assets shall be averaged and paid pro rata, except
funeral expenses, which shall be paid in toto. But if there
be any remaining assets after the payment of the debts as aforesaid,
and not enough to pay all other debts of the deceased,
then the said debts shall be paid pro rata, or an equal
sum in the dollar, as far as the assets will extend, without
regarding the quality, for which purpose the execu
tor or administrator shall or may apply to the circuit
court of the proper county, which said court is hereby
authorized and empowered to appoint three judicious and
competent persons as auditors, to settle and adjust the
proportions and rates of the remaining assets due and
payable to the respective creditors ; whose report thereon,
if approved by the court, shall be confirmed, and the
executors and administrators shall pay the debts accordingly.
Provided however, that no creditor who shall
neglect to exhibit his account or demand, to *the executors
or administrators, within six months, after public
notice given in one or more of the public newspapers,
published in this territory, or if none published in this
Territory, 'then in some newspaper printed in some of the
neighboring states or territories, for at least three weeks,
shall be entitled to receive any dividend of such remaining
assets.
32. Be itfurther enacted, That, if, after the final adjustment
of any estate, which is represented insohent,
any creditor or other person interested, shall wish to
bring his action of waste or devastavit, such creditor shall
be at liberty so to do, and if he can shew waste of goods
o r the mismanagement of the goods or estate of the deceased,
at any time by the executor or administrator,
such creditor shall have judgment for so much as he shall
prove to have been wasted, and the settlement made with
the court shall only be conclusive so far as the executor
or administrator shall have applied the assets in pursuance
of the apportionment made by the court, for paying
the creditors pro rata.
33. Be it further enacted, That, when any action shall
be brought against any executor, or administrator, suggesting
devastavit, or waste of the estate of any testator,
or intestate, if such executor or administrator cannot
shew that he has fully administered according to law, he