, 1854-06-03

the probate court, and be ranked among
the acknowledged debts Of the estate, to-
be paid in the course Of the administration.
Sec. "a. When claim is rejected byI
either the executor, administrator or the
probate Judge, the holder must bring suit
in the proper court against the executor
or administrator, within three months af-
ter it becomes due, otherwise the claim
shall be forever barred.
Sec. 85. No claim shall be allowed by
the executor, administrator, or probate
Judge, which is barred by the statute of
limitations.
Sec. sc. No holder Of Ary claim against
an estate, shall maintain any action there
on, unless the claim sl.ll have been first
presented to the executor or administrator.
Sec. 81. The time during which there
shall be q vacancy in the administration,
shall not be included in any limitations
herein prescribed. A.
Sec SO. If any action be pending
against the testator, or intestate, at the,
time of his death, the plaintiff shall in like
manner present his claim to the executor
or administrator, for allowance or rejection,
authenticated as in other cases and no
recovery shall be had in the action unless
proof be made for the presentmcnt.
Sec So Whenever any claim shall have
been presented to any executor or admin
istrator, and the probate judge, and a part
thereof shall be allowed, the amount Of
such allowance shall be stated in the in
dorsement. If the creditor shall refuse to
accept the amount so allowed in satisfac-
ton of his claim, he shall recover no costs
in any action he may bring against the ex-
ecutor or administrator, unless he shall re-
cover a greater amount than that offered
to be allowed, exclusive Of interests and
costs.
Sec 90. The effect Of any judgment
rendered against any executor or admins
traitor, shall be only to establish the claim
in the same manner as if it had been al
lowed by the executor or administrator,
and the probate Judge and the judgment
shall be that the executor or administra-
tor pay, in due course Of administration,
the amount ascertained to be due. A GER
tilted transcript Of the judgment shall be
fled in the probate court, and no execu-
tion shall issue upon such judgment, nor
shall it create any lien upon the property of
the estate, or give the judgment creditor
any priority of payment.
Sec. 81. When any judgment has been
rendered against the testator or intestate,
in his lifetime, no execution shall issue
thereon after his death, but it shall be
presented to the executor or administrator
as any other claim, but need not be sup
ported by the affidavit of the claimant :;
aud if justly due and unsatis6ed, shall be
paid in due course Of administration pro-
vided, however, that il it be lien upon
any property Of the deceased, the same
may be sold for the satisfaction thereof /;
and the officer making the sale shall ac-
count to the executor or administrator for
any surplus in bis hands,
Sec. 92. If the executor or administra-
tor doubt the correctness of any claim
presented to him, he may enter into an
agreement in writing with the claimant, to
refer the matter in controversy to some
disinterested person, to be approved by the
probate judge, upon filing the agreement
and approval Of the probate judge in the
Office Of the district court, for the county
in which the letters testamentary or of ad-
ministration were granted, and the clerk
shall either in term time or vacation, enter
a rule referring the matter in controversy
to the person so selected.
Sec. 80. The referee shall ,thereupon pro-
ceed to hear and determine the matter, and
make his report thereon to the court in
I which the rule for his appointment shall
have been entered The same proceedings
shall be had in all respects, and the referee
shall have the same powers, and be entitled
to the same compensation, and subject to
the same control as if the reference had
been made in an action in which such court
might by law direct q reference The
court may set aside the referee and appoint
another in his place, or may set aside or con-
firm the report, and adjudge costs as in ac-
tions against executors and administrators !;
and the judgment Of the court thereon shall
be as valid and effectual in all respects, as
If the same had been rendered in suit
commenced by the ordinary process.
Sec. 94. If the executor or administra-
tor is himself creditor Of the testator or
intestate, his claim, duly authenticated by
affidavit, shall be presented for allowance
or rejection to the probate Judge, and its
allowance by the judge shall be sufficient
evidence Of its correctness.
Sec. 95. II any executor or administra-
tor shall neglect for two months after his
appointment, to give notice to creditors az
prescribed by this article, it shall be the
duty Of the court to revoke his letters.
Sec. 96. At the same time at which the
executor or administrator is required to re-
turn his inventory, he shall also return a
statement of all claims against the estate
which shall have been presented TO him,