Massachusetts spy and Worcester advertiser. [volume] ([Worcester, Mass.]) 1823-1825, 1824-03-24
AN Act authorizing Executor.

and Administrators to plead plene admins
traVit in certain cases, and to settle the es.
tates of heirtestators or intestates.
SEC. /. Be at enacted by the Senate and
House Of Representatives., in General Court
assembled and by the authority Of The same,
| that any Executor or Administrator in all &C
| lions now pending, or which shall be hereafter
pending against him, shall be permitted, after
having settled an account of his administra-
| ton, in the Probate Court, to give in evidence
under the plea ofplene adnliniStrnuit, that he
has disposed of all the deceased's estate, in
paying the expenses of administration, and
the allowance made to the widow of the de-
| ceased by the Judge of Probate, and in dis
| charging debts due the Commonwealth, and
all rates or taxes, and for the deceased's last
| sickness, and for funeral charges, although
| said estate may not have been represented
| insolvent.
SEC. 2. Be ii further enacted, That when
ever any Executor or Administrators, who
has given due notice of his administration,
shall after one year from the time of his APP
pointment, pay away in the due course of ad-
ministration, all the effects and estate belong
ing to the estate of the testator or intestate,
which shall have come into the hands and
possession Of said Executor or Administrator,
then, and in such case, such Executor or
Administrator, shall not be held to answer
personally, to any creditor of such estate,
who shall not, by himself. his agent, or Attor-
ney, have exhibited his claim against such
estate, to the Executor or Administrator, be-
fore such Executor or Administrator shall
have paid away all the effects and estate in
his hands and possession, in the manner be-
faro No.
Administrator, by reason of any claim, so
exhibited, be obliged to render the estate. of
the testator or intestate, insolvent, or claim
contribution of creditors who have been
paid in full.
SEC. 9. Be 1t further enacted, That when
any creditor of an estate, who shall not have
exhibited his claim against such estate, as
the Executor or Administrator within one
year after his appointment, and before the
Executor or Administrator shall have paid
away all the effects and estate which have
come to his hands, shall exhibit his claim to
the Executor or Administrator, and demand
payment thereof, and by reason of the pre-
sentiment of such claim, the estate of the tes-
tator or intestate, is apparently insolvent. it
shall be the duty of the Judge of Probate of
the County where such administration was
granted, to declare such estate insolvent ::
and the effects and estate of the testator or
intestate, remaining in the hands of the Ex-
ecutor or administrator, after satisfying all the
claims exhibited within one year after the
appointment of said Executor or Administra-
tor, shall be distributed among the creditors
of such testatoG or intestate, whose debts shall
be proved before the Commissioners of insol-
vency, and allowed by the Judge of Probate ::
but the creditors of the testator or intestate.
thus paid in full by the Executor or admin
istrator, before the presentment of such claim.
shall not be liable to refund or contribute any
part of the debts received by them.
Approved by the Governor.