, 1854-06-10

such auditors to be paid out of the estat'
of the deceased
Sec. 1872. The settlement of the account
and the allowance thereof by the court ol
upon appeal shall be conclusive against al
persons in any way interested in the estate
saving however to all persons laboring un
. der any legal disability, their rights to pro
coed against the executor or administrator
either individually or upon his bond within
two years after their respective disabili
ties shall have ceased, and in any action
brought by any such person the allowance
and settlement of the account shall be dee
med presumptive evidence Of its correctness
Sec. 1873. The account shall not be al.
lowed by the court until it be first proven
that notice has been given as required by
this act, and the decree shall show that
such proof was made to the satisfaction Of
the court, and shall be conclusive evidence
of the fact.
Sec. 1874. The debts of the estate shall
be paid in the following order:
l. Funeral expenses
2. Expenses of the last sickness
8. Debts having preference by the laws
Of the United States
4. Public rates, taxes and excise duties
due the Territory
5. Judgments rendered against the de-
ceased in his lifetime on which execution
might have issued at the time of his death,
and mortgages in the order Of the date Of
their filing in the recorders Office
6. All other demands against the
estate
Sec 1856 The preference given in the
preceding section to q mortgage shall only
extend to the proceeds Of the property
mortgaged, if the proceeds Of such property
be insufficient to pay the mortgage, the
part remaining unsatisfed shall be classed
with other demands against the estate.
Sec. 1856. If the estate be insufficient
to pay all the debts Of any one class, each
creditor shall be paid dividend in proper
tion to his claim, and no creditor Of any
one class shall receive any payment until
all those of the preceding class shall have
been fully paid.
Sec. 1877. 1t shall be the duty Of the
executor or administrator as soon as he
may have sufficient funds in his hands to
pay the funeral expenses, and expenses Of
the last sickness and the allowance made
to the family of the deceased, and he may
retain in his hands the necessary expenses
Of administration, but he shall not be
obliged to pay any other debt or any lega-
cy until as prescribed by this act the pay
ment has been ordered by the court.
Sec. 1873. Upon the settlement of the
accounts Of the executor or administrator,
at the end Of the year, as required in this
act, the court shall make an order for the
payment of the debts, as the circumstan-
COS of the estate shall require. II there be
not sufficient funds in the hands ofthe exec
utor or administrator, the court shall speci-
fly in the decree the sum to be paid each
creditor
Sec. lS9. II there be any claim not
due, or any contingent or disputed claim
against the estate, the amount thereof, or
such part thereof as the holder would be
entitled to if the claim were due, estab-
lished, or absolute, shall be paid into the
court, where it shall remain tn be paid
over to the party, when he shall become
entitled thereto or If he fail to establish
his claim, to be paid over or distributed as
the circumstances of the case may require ;
provided, that il any creditor whose claim
has been allowed, but is not yet due, shall
appear and assent to q deduction therefrom
Of the legal interest for the time the claim
has yet to run, he shall be entitled to be
paid accordingly
Sec. 100 Whenever decree shall have
been made by the probate court for the
payment Of creditors, the executor or ad-
ministrator shall be personally liable to
each creditor for his claim, or the dividend
thereon and execution may be issued on
such decree, as upon judgment in the
and the same proceedings may be had un-
der such execution, as if it had been issued
from the district court. The executor or
administrator shah also be liable on his
bond to each creditor.
Sec, 19l. Whea the accounts of the
executor or administrator have been set
tied, and an order made for the payment OF
debts and distribution Of the estate, no
creditor whose name was not included in
the order for payment, shall have any
right to call upon the creditors who have
been paid, or upon the heirs, legatees or
deyisees, to contribute for the payment Of
! his claim but if the executor or admins.
traitor shall have failed to give the notice
to creditors as prescribed in this act, such
creditor may recover on the bond of the
executor or administrator the amount ol
his claim, or such part thereof as he would
have been entitled 70, had it been allowed;
provided, that this Section shall not apply
to any creditor whose claim was not due
ten months before the day of settlement
or whose claim was contingent and did moi
become absolute ten months before such
day.
II Soc 100 If all the dehta shall havs