River Falls journal. [volume] (River Falls, Pierce County, Wis.) 1872-2019, 1873-04-11
LAWS OF WISCONSIN.
Passed at the Session of 1878.
Published March 4, 1891
CHAPTER 70.


AN ACT to facilitate the settlement Of the estates Of
deceased persons, and to amend sections FIVE and
seven Of chapter one hundred and one OF the re-
vised statutes, entitled 'of the payment Of debts
and legacles Of deceased persons"
The people Of the state of Wisconsin, represented in
senate and assembly, do enact as follows:
Section /. Section FIVE Of chapter one hundred
and one OF the revised statutes, entitled Z" of the
payment Of debts and legacies Of deceased per-
sons,n Is hereby amended so as To read as follows:
Section 5. The county court shall allow such time
as the circums of the shall require for the
creditors TO present their claims to the commission
for examination and allowance. which time shall
not, in the first instance, exceed one year, nor be
less than four months, and the time allowed shall
be stated in the commission. But II the time al
lowed shall be less than six months, the first publ
cation of notice to creditors shall be made within
ten days from the date Of the order liking the
nme.
Sec O. Section seven Of said chapter one hun.
dred and one is hereby amended 10 read a.
follows: Section Z. On the application Of a creditor
who has failed to present his claim, II made within
two months from the time previously limited, the
court may, for good cause shown, renew the com
mission and allow further time, not exceeding one
month, Tor the commissioners TO examine such
claim, in which case the commissioners shall per.
sonally notify the parties Of the time and place OF
hearing, and Within ten days shall make return OF
their doings to the county court.
Sec 8. Two months after the time allowed u
creditors TO present their claims, every executor
administrator shall render his account Of his admin
by order, direct and command the said executor OIL
administrator TO proceed rthwith 10 final settle
ment of the estate in the manner prescribed by
law, unless 1t shall appear upon proof duly made:
/. That the personal assets in the hands of tn,
executor or administrator are not sufficient TO pay
the debts Of the deceased and that It Is necessary
sell the real estate to pay such debts: or,
q That an appeal has been taken from allow
ance of the nissioners or county judge, and i:
pending and undetermined or,
3. That a contingent claim has been presented
exhibited and allowed or,
T. That the debts due TO the estate have not been
collected or,
5. That it would be advantageous 10 the estate to
allow the executor administrator further time Il
make final settlement.
Sec 4. If an order shall be made DIRECTING and
commanding the executor or administrator to pro-
coed forthwith 10 a final settlement, the county
court shall at the same time make order judg.
ment, II any claims have been proven, for the pay
ment Of the debts according to law If any execIi-
tor or administrator shall neglect delay, refuse
to comply with the order directing aud command
ing him to proceed forthwith 10 a final settlement
the county court shall attach him as for a con.
tempt.
Sec 8. This act, so far as it may be applicable
shall apply to all estates in process of admins
tration.
See G. This act shall take effect and be in force
from and after its passage and publication.
Approved February 28, 1873.