1822 - Edocs

1S9
administration be fully completed; and for this purpose
the said court shall have power to issue attachments against
any executor or administrator who shall fail to
make settlement as aforesaid, and when any executor or
administrator shall be attached or cited by authority of
the court for neglect of any duty belonging to his office,
such executor or administrator shall pay the costs of such
attachment or citation out of his own proper goods.
39. Be it further enacted. That, executors skA admin- Funeral expenses
istrators shall be allowed in their accounts all Reasonable
charges and disbursements, which they shall lav out and
expend in funeral expenses of the deceased and other
their administration; and may be allowed such recompence
for their* personal trouble, not exceeding six per
centum on the^-w^ole amount of the personal estate and
not exceeding one per centum orfHhe money arising from
the sale of lands and slaves. x\nd whea any executor or
administrator shall claim any allowance for 'any actual
disbursement^* hy them made,, they shall produce proof
of the existence of such demand as is provided with regard
to any other demand against deceased peifcons es-
tate.
And furthermore, it shall be the duty of the court,
when any executor or adAministrator shall present his account
for final settlement, to examine into the evidence
of the existence of all demands pretended to have keen
paid hy such t executor or k administrator* and unles&^it
shall appear to said court, that such demands* were such
and thi evidence sucfi, as the person claiming or rojfcking
such demand might recover on a suit at law,-* ih^ said
court shall not allow such executqlror administrator anjr
credit for^uon demands or.^ebts so paid or^resen^ed;
and the said^ourt is hereby authorised to hjjar anaaetermine
on evidence relating to any demands against ariy
deceased per^©us estateTatthe time the same ma,y be presented
to them for settlement, and, if necessary, to direct
an rssue of fact to* be made, and tried in a su^nm^y way
aydirected with regard to insolvent estates
40. Be it farther enacted, T^at^when any executors or
administrators or guardians shall make ^settlement wtt^
the court of the proper county, it shall be the duty of such
executors or administrators»at least two months previously
to presenting suchfaccounts, and -vouchers to* the court
for settlement, to give notice, by written advertisement, in
three of the -most k
pig)lic places in the c6uh«y, to %ll legatees
and other persons concerned, t that such adminfst: ators,
guardians or executors intend to make settlement;
at the next circuit court, to foe holden for* the 4#bujity, of
their executorship or administration; a copy of whje^f notice
shall "alsQ.be set up in the clerk's omee'uf said ceurt;
'arid no account or settlement shall be m,ade or allowed by
S
And allowance
executors.
to
ilxecutors inten
iug to account—
must give notice