The Superior times. [volume] (Superior, Wis.) 1870-1912, 1873-04-12

Passed at the Session of 1873
Published March 4, 1873.
CHAPTER rs.

CHAPTER 10.
AN ACT to facilitate the settlement Of the estates of
deceased persons, and to amend sections i've 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 l. Section five of chapter one hundred
and one of the revised statutes, entitled " of the
payment of debts and iegacies of deceased per-
SONS" is hereby amended so as to read as fellows:
Section 8. The county court shall allow sich time
as the circumstances of the shall require for the
creditors to present their claims to the commission
ers for examination and allowance, which time sha IL
not i'll the first instance, exceed one year, nor be
less than four months, and the time allowed shall
be stated in the commission. But il the time al
lowed shall be less than six months the first Iub-
cation of notice to creditors shall be made within
ten days from the date of the order liking the
time.
Sec. q Section seven Of said chapter one hun
drei and one is hereby amended to read as
follows Section 7. On the application of creditor
who has failed to present his claim if made within
two months from The time previously limited, the
court NAV, 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 snail 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 3. Two months after the time allowed to
creditors present their claims, every executor
administrator hallrender his account of his admin
mn6tration, and the county court shall thereupou,
by order, direct and command the said executor or
administrator to proceed rthwith to final settle
ment of the estate in the manner prescribed by
| law, unless 1t shall appear upon proof duly made:
| 1. That the personal assets ia the hands of the
| executor administrator not sufficient TO pay
the debts of the deceased and that it is necessary to
| sell the real estate to pay such debts; or,
| 2. That appeal has been taken from allow
ance of the ,lissioners county judge and is
pending and undetermined or,
| g. That contingent claim has been presented.
layb cd md all
| A. That the debts due to the estate have not been
collected; or,
5. That it would be advantageous to the estate tc
allow the executor administrator further time tC
make final settlement.
Sec. 4. Ii order shall be made directing and
commanding the executor administrator to pro
coed forthwith to final settlement, the county
court shall at the same time make order or judg
ment, if any claims have been proven, for the pay
ment of the debts according to law. Ii any execu
tor administrator shall neglect, delay, or refus
to comply with the order directing and command
ing him to proceed forthwith to q final settlement
the county court shall attach him as for a con
tempt
| Sec. .. This act, so far it may be applicable
shall apply to all estates in process of admins
tration.
Sec. 6. This act shall take effect and be in fore
from and after its passage and publication.
Approved February 25 1878.