Imágenes de páginas
PDF
EPUB

ecutors or administrators must make annual settlements until est ite is finally settled. No limitation is fixed for a final settlement of decedent's estate.

NEBRASKA.-Claims must be presented for allowance within eighteen months in the first instance. Time may be extended for special reasons not exceeiling 'hree years and six months in all. Adm nistrators and executors liable to be cited to settle accounts at any time for special reasons shown. Widow entitled to personal property of estate amounting to $250, to be selected by her, and further allowance of $200 in money, besides one yeur support of the family. Claims amounting to $1,000 or over may be prosecuted in District Court against executor, administrator, or against the «state without presenting to the Probate Court. Licenses to sell real estate to pay debts must be obtained from District Court.

New HAMPSHIRE.—Estates of deceased persons are settled in the Probate Court. If there are debts of any amount, the es'ate is usually decreed to be settled in the insolvent course-in which case a Commissioner is appointed, who has six months in which to receive and allow claims. All claims not presented to Commissioner and allowed by bim are barred. Settlement in the insolvent course bars all suits against the executor or administrator.

NEW JERSEY.—Letters testamentary and of administration are granted by the Surrogates of the respective counties. Executors are not obliged to give security. Administrators are required to give bond, with two sufficient sureties, in amount double the value of the personal estate. Creditors are required to produce their claims within nine months from date of order granted by the Orphans' Court for that purpose. If not produced within that time, claims are barred, unless creditors find property of decedent not inventoried. The order limiting time for production of claims by creditors must be published by hand-bills and in newspapers.

NEW YORK.-Executors or administrators are allowed eighteen months, after probate of will and issuance of letters testamentary or letters of administration, to settle decedent's estate, and after that period may be cited to render an account to the Surroga'e, and upon such account rendered final settlement may be made. Claims should be proved against the estate within the eighteen months.

NORTH CAROLINA.—Reasonable time is allowed executors or administrators to settle estates of deceased persons, but they must pot exceed two years.

OH10.-Eighteen months are allowed an executor or adminis trator to close estates of deceased persons. The law requires the executor or administrator to fix upon some tern of the Court, within nine months from the time of bis appointment, for the settling of all claims against such decedent, and to give notice thereof by publication at least six weeks previous to the said day.

OREGON.—The laws relating to estates of decedents is similar to that of other States. Administration is granted: 1. To the widow or next of kin, or both. 2. To one or more of the principal creditors. 3. To any other competent person. They are entitled in the order named. The estate is applied to pay: 1, funeral char ses; 2, taxes due the United States; 3, expenses of last sickness ; 4, taxes due the State, county, or other corporation; 5, debts, preferred by the laws of the United States; 6, debts which at the death of the deceased were a lien upon his real property; 7, all other claims. A widow is entitled to dower of one-third part of all the lands whereof her husband was seized of an estate of inheritance during marriage. The husband is tenant by courtesy for life of the wife's real estate, upon her death without issue born.

PENNSYLVANIA.-Executor or administrator is allowed one year to close estate of decedent. Claims can be proved any time before the filing of the report of auditor appointed to adjust and settle the accounts of executor or administrator.

RHODE ISLAND.—One year is allowed an executor or administrator to close an estate, and claims must be presented within that period.

South CAROLINA.-Claims must be presented within twelve months.

TENNESSEE. ---Actions against personal representatives of the decedent must be brought by residents of the State within two years and six months from the qualification of such representatives, and by non-residents within three years and six months, and the representative is bound to plead the statute if the action is not brought within this time. No action can be brouglit against ench representative within six months from his qualification, and no execution can issue against him within twelve months therefrom. If the representative ask for delay, the time granted is not counted as part of the two years and six months, or three years and six months, as the case may be.

Texas.-All claims against deceased persons, whether notes or acco:ints, must be prove by the affidavit of the owner. The affidavit must include the following: “That the claim is just, that nothing has been paid or delivered towards the satisfaction of such claim, except what is mentioned or credited (if any), that there are no counter-claims known to affiant which have not been allowed (if any), and that the sum claimed is justly due." This affidavit (if made outside of the State of Texas) should be made before a commissioner of deeds for the State of Texas. If claims aginst an estate are not presented, duly authenticated under oath, and allowed by the administrator and approved by the Probate court within twelve months from the granting of letters of administration, they are postponed until others duly probated within that time are paid. If the administrator has been absent from the State during the twelve months, the time of his absence is not counted. In case of a trust deed duly executed, with power to sell, and which at com mon law, and in most of the States, is irrevocable on the death of the mortgagor, a different rule obtains in this State, owing to the statute law regulating estates of deceased persons. Trust deeds can be foreclosed without suit; mortgages must be foreclosed by suit. Therefore, deeds of trust are most common and preferable.

UTAH.—Estates of deceased persons are administered upon by the Probate court. Illegitimate children and their mothers inherit with legal wife in equal proportions.

VERMONT.—Commissioners are appointed by the Probate court to audit and allow claims against the estate of decedent, and upon their report the court decrees the amount to be paid upon the respective claims. Six months are allowed for the presentation of claims to the commissioners for allowance, and the time may be extended upon application to the Probate court for that purpose, and an appeal is allowed by either party from the decision of the commissioners to the County court for any sum not less than twenty dollars in amount.

VIRGINIA.—Twelve months are allowed an executor or administrator to close an estate. Claims should be presented as soon as practicable after death of debtor. They will be received and passed upon any time before a distribution is made of the decedent's effects.

WEST VIRGINIA.-Executors or administrators are allowed twelve months to settle up decedent's estate, and claims must be presented within that time.

WISCONSIN. - Letters of administration may be granted to widow or next of kin, or both, as judge thinks proper, or such person as widow or next of kin may request to have appointed, if competent to discharge the trust. If widow or next of kin shall neglect for thirty days, after death, to apply for administration or to request that administration be granted to some other person, letters may be granted to one or more of the principal creditors, if competent and willing to take it. If no such creditor, letters may be granted to such other person as the county judge may think proper. Administrator must give bond, with sureties as the judge shall direct, also to make full return, within three months after his appointment, of property if discovered, which must be appraised by two or more disinterested persons. Personal estate is first chargeable with payment of expenses and debts, next real estate. Commissioners are appointed before whom creditors can appear and prove their debts; must give notice, within sixty days after appointment, of time and place of meeting and the time limited for proving claim. Time allowed shall not exceed eighteen months, nor be less than six months, to prove claims. Under special circumstances time may be extended so that whole time shall not exceed two years from time of appointment of commissioners. On application of a creditor who has failed to present his claim, if made within six months from time previously limited, the court may, on good cause shown, renew the commission and allow further time not exceeding three months. Time for payment of debts ordinarily is one year to eighteen months, and may be extended by the court, not exceeding six months at a time, for six years. Debts must be paid in the following order : 1. Necessary funeral expenses ; 2. Expenses of last sickness; 3. Debts having a preference by laws of the United States; 4. Debts due to other credit

No creditor of any one class shall receive payment until all of those of preceding class shall be duly j'aid.

ors,

COMMENCEMENT AND NOTICE

OF SUIT.

ALABAMA. —Process for the commencement of suit in the Circuit Courts must be served on the debtor at least twenty days before the first day of the term.

ARKANSAS.—In suits before a justice of the peace, five days' service on the debtor is necessary; and in the Circuit Courts, the writ must be served ten days prior to the first day of Court. In chancery suits, writs must be served twenty days prior to the first day of the term to which suit is brought.

CALIFORNIA.—If suit is brought in the District Courts, the debtor is required to appear and answer within ten days if served in the county from which the summons issues; within twenty days if served out of the count', but within the same judicial district; and within forty d.ys in all other cases. If the action be brought in Justice's Court, the debtor is required to appear in not less than three nor more than ten days from date of the summons.

In case of arrest he must be required to appear forth with.

COLORADO.—If the process is returnable to a Justice of the Peace, it must be served at least five days before the trial day which is therein fixed. . Process returnable to other Courts than Justices must be served at least ten days before the first day of the next term of the Court. Non-residents, on entering suit, are required to file a bond for costs. In all actions brought on any bond, bill, promissory note, or other instrument in writing, given for the direct payment of money, or upon any book account, before the debtor s'all be permitted to plead or demur to the declaration, he shall file an affidavit, stating thereiu that he has a meritorious defence to the return, and shall give in it a sub stantial statement of his defence.

CONNECTICUT.–Process returnable to a Justice of the Peace must be served at least six days before the trial day which is therein fixed. Process returnable to other Courts than a Justice's, and all trustee process, must be served at least twelve days before the first day of the next term.

DELAWARE.-Summons in Justice Courts may be issued forth. with, and are returnable within fifteen days from date of issue. In Superior Court the summons must be served personally on debtor before Court sits, or by leaving a copy of the summons at bis usual place of abode, in presence of some white adult person, six days before Court sits.

DISTRICT OF COLUMBIA.-Every civil action shall be commenced by filing in the Clerk's office a bill of information, bill, petition, or declara'ion, as the case may be, with the deposit for costs, and the creditor shall be entitled to judgment, unless the debtor pleads on or before the first special term of the Court occurring twenty days after service of notice. In any action arising on contract, if the creditor shall file, at the time of bringing his action, an affidavit setting out distinctly his cause of action and the sum he claims to be due, exclusive of all off-sets and just grounds of defence, he shall be entitled to a judgment for the amount claimed, with interest and costs, unless the debtor shall file, along with h's plea, an affidavit of defence, denying the right of the creditor to the whole or sume specified part of his claim, and stating in precise and distinct terms the grounds of his defence.

FLORIDA.–Summons must be served thirty days before judgment can be taken against the delitor. Either party may give notice of trial eight days before Court, and the party giving no

« AnteriorContinuar »