Plymouth banner. (Plymouth, Marshall County, Ind.) 1852-1855, 1853-06-16

the affidavit OF the claimant thereto at
tached, which ffidavit may he sworn to
befor and certified by the executor or
administrator of such estate. to the effect
that the same is Justly due and wholly
unpaid. must be filed III the office Of the
clerk of the proper court of Common
Pleas within one year from the date of the
first appointment of an. executor or ad-
ministrator therein, and notice thereof.
or no cost shall Be recovered therein a
gainst such executor or administrator; nor
shall hereafter any other court have orr
ginal jurisdiction of sny claim. except
such liens. against the estate of any de-
cedent; and if such claim be not due. in
terest thereon shall not be rebated; and
after the expiration oe one year from such
appointment and notice, if such claim be
not filed al least ten days before final
settlement of the estate, it shall be bar
red. except as hereinafter provided in
case of the liabilities of heirs and devi-
sees.
SEC. 6. The sixty ifth section of said
act is hereby amended TO read as follows,
to wit The clerk of the proper court
shall spread upon The appearance docket
of the same. list of all claims filed
against any estate pending therein, which
list shall be al the notice necessary to
be given of the filing of the same.
SEC. Z. The sixty y-sixth section of said
act is hereby amended to read as follows.
to wit; Whenever claim against the
estate Of any decedent shall have been
filed and placed on the appearance dock
ct of such court. ten days before the first
DAY OF The ensuing term thereof. the ex-
ecutor or administrator Of such estate
shall admit. or refuse to admit. such
claim in writing on the margin of such
appearance docket opposite such claim.
If such claim is not admitted before the
last dav of said term. the same shall be
transferred to the issue docket Of such
court. and shall stand for trial al the next
term thereof. as other civil actions pend.
ing therein: Provided, That the court
may. in its discretion, require further
proof as to any claim. outstanding
the executor or administrator may have
admitted the claim in the manner provi-
ded in this section.
SEC s. The sixty-seventh. sixty-eigh.h,
one hundred and fifth, one hundred and
sixth, aud one hundred and seventh, one
hundred and eighth and one hundred and
sixty-ninth sections Of said act, are here
by repealed.
SEC. 8. The one hundred and ninth
section Of said act is hereby amended to
read as follows. to wit: Every executor
or administrator shall proceed with dill
sence to pay the debts and just demands
against the deceased, and when the estate
is solvent. shall pay the same according
to the folio wing order of classes.
First. Expenses of administration.
Second. Expenses of last sickness
and funeral expenses.
Third. Judgments which are liens
upon the decedents real estate, and mort
cages of real and personal property ex-
isting in his lifetime.
Fourth. General debts.
Fifth. To legatees.
Sirth. To distributes.
NOexecutOr or administrator shall give
preference IN the payment Of any debt.
liability, judgment. or decree, over other
debts Of the same class. nor shall debt
due and pa yable. be entitled to any pref
erence over debts no: due. of the Same
class; nor shall the commen cement Of a
suit. nor the recovery of judgme mt there
on. against any executor or adminlstra-
tor. entitie such debt to any preference
over debts Of the same class.
SEC. 10. The one hundred and twelfth
section of said act is hereby smended as
follows, to wit: At the first term Of the
Common Pleas Court, after the end Of
one year from .he first issuing of letters
thereon, the executors or administrators
of every estate, shall make an exhibit of
all his proc eedings in the premises. ac
cOmpanied with proper vouchers, and un-
less there be claims in favor Of such es-
tate uncollected, or claims pending a.
gainst the same not allowed. the court
shall order final settlement to be en-
tered. and if there be such claims thus
pending, the settlement Of such estate
shall be continued from time to time. as
the court may direct.
Sec IL. The one hundred and TWEEN
tieth section of said ac. is hereby amend
ed as follows, to wit: If it appear to the
court that there is.at least one :hlrd more
of assets in the hands of such executor or
than is sufficient to pay all
debts aud egacies against the estate then
known, such court may, In its discretion.
allow such norton of such legacy or dis
tributive share, 20 be advanced, as may
be necessary and proper for ,he support
of the person entitled thereto, upon sat-
isfictory bond being executed to such ex-
ecutUr or administrator, with sufficient
surety for the return Of such portion
with interest, whenever necessary Tor the
payment Of debts. legacies. or claims, or
to equaliz. The shares and lesacies among
those entitled thereto.