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The compiled statutes of the state of New Hampshire: to which are prefixed ... online

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Sec 3. The wearing apparel and ornaments of the widow
according to the estate of her husband, and the wearing apparel
of the minor children, if any, are thejr property,, and shall not be
included in the inventory, nor, if there be a widow, the wearing
apparel of the deceased, which shall be her propertv.

Sec 4. All assets, though not inventoried, shall be aecounted
for, and the executor or administrator shall be chaiTged therewith
in the account of administration.

Sfic 5. All goods and chattels sh?!! be accounted for at the
appraised value, unless the same shall be sold at auction by license
of the judge, which may be granted at any time within six i&onths
after the date of the bond, and in that case the administrator giv-
ing the notice prescribed in such license, and conducting with fidel-
ity and impartiality in the sale, shall be credited with the loss ojr
charged with the gain upon auch sale.



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OHAP. 168.] INVENTORY AND A00OUNT8. 407

Sb€. 6. Personal property specifically bequeathed, shall not be
sold, if it is not needed for the payment of the debts ; and any
property may be reserved at the sde, unless so needed, for the ben-
efit or upon the request of the heirs or legatees, and the adminis-
trator shall be discharged by delivery thereof to the persons entitled
thereto.

Sbc. 7. All debts due to the estate, which b^ due diligence
might have been collected, shall be accounted for m money.

Seo. 8. Any debt due from any insolvent person may be com-
promised and mscharged on payment of such part thereof as. th6
administrator may deem proper, and the administrator shall be
chargeable only for the amount received.

Sec. 9. Debts due firom the administrator to the estate shall
be considered as assets and be accounted for as other debts. If
such debt is specifically bequeathed to him, his right thereto shall
be the same as that of any legatee ; and the judge after due notice
shall liquidate and adjust all debts and claims due to the adminis-
trator or fi*om him to the estate.

Sec. 10. The administrator shall receive the rents and profits
of the real estate, in case the estate is insolvent, and shall keep
the same in repair, and shall account for the net proceeds thereof
in his administration account

Sec 11. The administrator, if there are sufficient assets, shall
redeem all property of the deceased under mortgage, pledge or
levy of execution for less than its value, or which, if unredeemed,
would diminish the value of the estate, unless he shall by license
sell the same subject to such incumbrance, and the neglect so to
redeem shall be deemed mal-ad ministration and waste.

Sec. 12. Every administrator shall apply for and procure
license for the sale of so much of the real estate as may be neces-
sary to pay the debts and legacies, if the personal estate is insuf-
ficient ; and neglect or refusal to obtain such license, or to make
such sale, or to account for the proceeds thereof^ or firaudulent con-
duct therein, shall be deemed mal-administration and a breach of
his bond.

Sec 18. Real estate purchased by or set off to any adminis-
trator, in order to secure or satisfy any debt due to the estate, shall
vest in the heirs in the same manner as if the deceased had died
seized thereof, and shall be subject to be sold for the payment of
debts and demands with which the estate is chargeable, and to be
* divided and apportioned according to the just claims of the widow,
heirs, devisees and legatees.

Sec 14. The estate of every person deceased shall be charge-
able with,

1. The just expenses of the administration thereof;

2. The necessary expenses of the faneral of the deceased;

3. A reasonable allowance to the widow, as by law. provided;

4. The just debts owed by the deceased ;

6. The support and maintenance of the infant children of the



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408 BMBEZSLBHBNTa. [tITLB XIX.

deoectsed until they anive at the age of seven yean, if the estate
is in fact solTent.

6. The legacies given by the will ot said deceased.

Sec. 16. The expenses of assigning the widow's dowor, of the
division and assignment of the real estate, and of appointing
guardians of minors and others incapacitated to take care of th«r
interest, whether heiars or legatees, shall be chargeable as expenses
of administration.

Sec. 16. Administratore of estates actually sdvent may erect
soitable monuments at the graves of the testators or intestates,
and the reasonable expense thereof shall be allowed them oa set-
tlement of their accounts.

Sec. 17. All claims against any estate shall, if required by the
administrator, be exhibited under oath as follows :

^ I do solemnly swear tiiat, aocordiog to the best of. my knowl-
edge and belief, the above is a true statement of my claim against
the estate of late of and that I have not on my

books or elsewhere, any credit or any knowledge of any credit that
should be allowed against my claim, except what is stated in the
foregoing account. So help roe God."

idid a certificate of such oatti shall be cmnexed to such claim.



CHAPTER 169.

OF EMBEZZLEMENTS.
IDENTICAL WITH

Chapter 160 of the Revised Statutes.

SxcTiOK . Section

1. Penons suspected may be cited. I 8. In case of gnardiaBship, pToceedings.

S. Befosal to answer, how pnnished. |

Section 1. Any person suspected and complained of by any
administratori heir, legatee, or creditor of a person deceased, to have
concealed, embezzled or conveyed away any of the personal estate <
of the deceased, may be cited to appear before the judge and be
examined under oath for the discovery of the same.

Sec. 2. If such person so cited shall refuse to appear, or ap-
pearing refuse to answer interrogatories upon oath respecting such
estate, the judge mav by warrant commit him to the common jail,
th^re to remain until he shall consent to answer such interrogato-
ries, or be rfeleased by the complainant or by order of the superior
coiurt of judicature.



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CHAP. 170.]



ADMINI8TBATOB&— SUITS.



409



Ssa 3. On a like complaiat of any guardian in relation to any
property of his ward, or on complaint of any creditor, relative or
firiend or Bnch ward, like proceedings may be had.



CHAPTER 170.

OP SUITS BY AND AGAINST ADMINISTRATOBS.
IDENTICAL WITH

Chapter 161 of the Bevised Statutes.



Sbctiok

1. No action to be brought within one

year, nor before demand.
S. Claim to be exhibited within two
years.
Sospension of administration, exdn-

ded.
Not if estate represented insoWent
No action win lie after three yean.
Demands depending on a contin-



3.

4.
ft.



9.
10.



Action may be broa^t viAin two
years.

No action lies, where estate insol-
Tent

Except actions of review.

Actions brought by person as admin-
istrator, who is not snch.



Sbotiok

11. Salts by and against, not abated by
death.

12. Administrators not liable to arrest,
nor estate to attachment

IS. Unless npon a return of waste. '

14. Estate liable on joint demands.

15. Administrator may sne his co-adn^*
istrator.

16. Actions wnrvriug may be proseenled
or defended.

17. Administrator defiinlted on aetre
facias.

18. Administrator entitled to one contin*
nance.

19. Administrator may maintain real ac-
tions, in what cases.

20. Administrator may prosecute suits
pending at decease.

Section 1. No action shall be sustained against any adminis-
trator, if commenced within one year after the original grant of
administration, nor unless the demand shall have been exhibited to
the administrator and payment demanded.

Sbo. 2. No such action shall be sustained, unless the demand
shall have been exhibited to the administrator within two yean
after the original grant of administration.

Sbc. 3. If the administration on any estate shall be suspended,
any demand may be exhibited within two years, exdusive of the
time of such suspension.

Ssa 4. If the estate has been represented insolvent within said
two years, no such exhibition thereof shall be necessary to entitle
the creditor to have the same allowed by the commissioner.

Sec 5. No suit shall be maintained against any administrator
fnr any cause of action against the deceased, unless the same is
oommenced within three years next after the original grant of



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410 ADMINISTRATORS — SUITS. [tITLB XIX.

administration) exdosive of the time such administration may be
suspended, except in cases where he shall ha^e retained estate in
his hands for the payment of such claim by order of the judge.

Sec. 6. Demands against such estate not due or depending on
any contingency, may be filed in the court of probate, and the
jud^e after due notice may require the administoitor to retain in
his hands, on settlement of his account, such sum as may be ne-
cessary to pay the same, unless the widow, heirs or legatees shall
give bond to the judge for the payment thereof when such contin-
gency shall happen, to the extent of the assets received by them
respectively.

Hec. 7. If the right of action existed against or in favor of the
deceased at the time of his death, and survives, an action may be
brought by or against the administrator, at any time within two
years after the original grant of administration.

Sec. 8. No action shall be commenced or prosecuted against
an adminisirator where the estate is decreed to be administered as
an insolvent estate ; but the cause of action may be presented to
the commissioners and allowed, with the costs of any action pend-
ing at the time of such decree.

Sec 9. Actions of review may be prosecuted notwithstanding
such insolvency, and the amount recovered against the estate shafi
be added to the list of claims by the judge, and the court shall
issue no execution therefor.

Sec. 10. Any person interested in the estate of any person de-
ceased, may commence an action as administrator thereof, which
shall not be abated nor the attachment lost by reason that such
person is not administrator thereof, nor by his decease, if the ad-
ministrator then or afterwards appointed shall, at the first or second
terra of the court, endorse the writ and prosecute the same as
plaintiff.

Sec 11. Suits in which an administrator is party, shall not be
abated by reason of his death, or of the extinguishment or revoca-
tion of his trust, but may be prosecuted or defended by the admin-
istrator who may succeed to the trust, who may be called into
court by scire facias, in the same manner and with the like efiect
as in cases of the death of other parties.

Sec. 12. Writs of attachment and execution against adminis-
trators, where the cause of action was against the person deceased,
shall run only against the goods or estate of the deceased, and the
administrator shall not be arrested or his estate attached or levied
upon in such action.

Sec 13. Upon return of " no goods " or " waste " made by the
sheriff on such execution, an execution may be awarded on scire
facias against the goods, estate and person of the administrator, as
for his own debt, to the amount of such waste, if it can be ascef«
tained, otherwise for the whole debt

Sec 14. The estate of any person deceased and the admin-
istrator thereof shall be liable upon joint demands against the



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CHAP. 171.]



INSOLYBNT ESTATES.



411



deceased and any other person, as fhey would be if such demands
were joint and several, unless it shall appear that it was the inten-
tion of the parties that the survivor only should be liable.

Sec. 16. A joint administrator or guardian may have an action
of account or assumpsit against the other administrator or guard-
ian who shall refuse to apply the estate in his hands' to the dis-
charge of the just demands against the same, or who shall refuse
to account therefor, and shall recover the amount thereof to which
he shall be entitled.

Sec 16. Every administrator may prosecute or defend any
action pending in any court against the deceased in case the cause
of action does by law survive ; and in such case any appeal or writ
of review to which such deceased person was entitled, or which
might be prosecuted against him at the time of his decease, may
be prosecuted by or against such administrator.

Bec. 17. If such administrator, having been duly served with
a scire facias, shall neglect or refuse to become a party to the suit,
judgment may be rendered against the estate of the deceased in
the same manner as if the administrator had voluntarily become a
party to the suit.

Sec 18. In all cases where an administrator shall become a
party to a suit then pending, he shall be entitled to one continu-
ance of course.

Sec 19. The administrator may, as such, maintain any action
necessary and proper to be brought in relation to real estate set off
to him for debts due the estate, and to the real estate of the de-
ceased in cases of insolvency, until the administration is closed.

Sec 20. The administrator, as such, may prosecute and defend
all real actions pending at the decease of the testator or intestate,
and may within one year after such decease, bring a review of
any real action in 'which there shall be a right of review at such
decease, and prosecute the same for the. use of the persons interest-
ed in such estate.



CHAPTER 171.

OP INSOLVENT ESTATES.
COMPILED FROM

Chapter 162 of the Revised Statutes.
« 1110, Laws of 1851.



BXCTIOK

1. Decree of insolyency and appointment

of commissioner.
8. Ck>mmi88ioner to giro notice.



SXOTION

S. Time for presentment of daims.
4. Last sitting, when to be.
, 5. Commissioner to be sworn.



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412



IHBOLYENT E8TATK8.



[title XIX.



flBonoir



7.

&

9.
10.
11.
12.
IS.
14.
15.
16.
17.



ComnlMBODer to tw«ar witOMtea.

*< to «now demtAat not

pftyablfl wfaeo aUow6d.
CominiMionor (o idlow iDtemt
*<. to allow offsets.

Collateral secvi^ estimated.
If creditor dissatisfied, proceedings.
Jadge may allow forther time.
" *( appoint snbstitnte.
Idst of daims to be reported.

« « « may be corrected.
Claims of administrator, how allowed
« « •« may be re-



Ssonow

18. P r efe r r e d claims, wkaS an mdu

19. Claims for kst sickness allowed.

50. DiTidend of residue to be decreed.

51. " how made out

28. " on after accoants settled.

23. Besidne of estate, how settled.

24. Commissioner's compensation.

25. Where no property, administrator

discharged.

26. Of administration in this State of es-

tate of person deceased, resident
In another State.

27. Of claims allowed in another state.



Section 1. The estate of any person deceased may on appli-
cation of the administrator be decreed to be adminktaned as an
insolvent estate, and one or more persons not exceeding three, shall
be appointed commisBioiiers to examine and allow the claims of
the creditors against the estate.

Sxc. 2. Tt^ commissioner shall give notice of the times and
places by him appointed to examine and allow rach claims, in such
manner as the judge shall in his commission direct, and shall in
his report state the times and places of meeting and the manner
of giving notice thereof, and file in the probate office satisfactory
evidence of sodi notice.

Sec. 3. A time not less than six nor more than nine months
finom the date of such commission, shall be prescribed by the jndge
therein^ for the creditors to bring in and support their claims against
sach estate.

Sec. 4. The last session of the commissioner shall be within
the last seven days of the time prescribed in his commission.

Sec. 5. Before any person shall enter upon the duties of com-
missioner, he shall be sworn to the faithful and impartial discharge
thereof, and a certificate of such oath shall be written on the back
of the commission.

Sec. 6. The commissioner shall have power to swear witnesses,
and, if he deems it expedient, to examine on oath Ihe creditor
touching any claim exhibited to him for allowance.

Sec. 7. The commissioner shall examine and allow all just
demands which the deceased owed, that shall be exhibited to him,
although such demands may not be payable at the time of such
allowance.

Sec. 8. He shall allow interest on demands carrying interest to
the expiration of the commission, and on demands not ordinarily
carrying interest, to the same time, from the death of the testator
or intestate ; but from demands not payable and not on interest he
shall discount such sum as will reduce them to their just present
value.



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OBAT. 171.] imOLYKNT ESTATES. 418

8eg. 9. When there are matoal demands between the de«
ceased and the person claiming as a creditcnr, which, if doe^ might
be legally or equitably offset against each other^theoommissioneri
if there is a balance in favor of snch creditor, shall consider snch
mutual demands and allow the credkoi only the balance justly
due.

Sbq. 10. If any ofecyLtor holds collateral security for his debt of
less value than such debt, the commissioner shall estimate the value
of such security and allow him only the difference between such
•am and his debt, and shall return with his report and give to such
eieditor on request, a certificate of such estimate*

Sec. 11. U the cfeifitor, being dissatisfied with snch estimate,
•hall relinquish his interest in such security, and deliver up the
same to the administrator, the property thus sunendered shaU,
under the direction of the judge, be sold or disposed of bv the ad-
ministrator and the proceeds paid to the creditor, and the difference
between the sum so paid him and the amount of his claim shall
be inserted upon the list of claims in place of the sum allowed by
the commissioner.

Sec 12. For a sufficient cause the judge may allow a further
time or times to the creditors, not exceeding in the whole two years
£rom the date of the original commission, in which case the notice
originally ordeced shall be renewed and such further notice given
as the judge shall order.

Sec. 13. If, during the pendency of any such commission, any
commissioner shall be incapacitated or prevented from discharging
the duties thereof, the judge may in any stage of the proceedings
substitute some ohter person to complete such duties, who shall be
sworn as aforesaid, or in such case, for good cause shown, may set
aside the commission and issue a new one which shall be deemed
and taken as the original commission.

8ec. 14. At the end of the time limited in the commission, the
commissionar shall make his report to the probate office, and pre-
sent a list of all the claims i»resented for allowance and the amount
allowed thereon.

Sec 15. At any time before the decree of distribution, any
errors happening in the repcMrt may by leave of the court be cor-
rected by the commissioner; but no claim shall be diminished
without notice to the creditor or his agent, nor increased without
notice to the administrator, and no new claim shall be inserted by
virtue of this provision.

Sec. 16. Claims of the administrator against the estate shall
not be examined or allowed by the commissioner, but the scune
shall be examined and allowed, if just, by the judge on the settle-
ment of his administration account, and added to the list of claims ;
notice of such claim being given in the citation to the heirs and
others to hear such account

Seo. 17. If such claim is contested by any heir or creditor, the
judge, unless the parties shall agree in writing that he shall decide



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414 INSOLYBNT B8TATB8. [tITLB XIX.

ity shall refer the same to one or more refereesi whose repart, when
accepted by the judge, shall be final, and the amount allowed
placed on the list of daims.

Sec. 18. The expenses of administration, the necessary charges
for the burial of the deceased, the allowance made by the judge to
the widow out of the personal estate, and all rates and taxes shall
be allowed by tiie judge and first paid, ^ving preference to them
in the order in which they are here placed.

Sec 19. The claims for the last sickness of the deceased shall
be designated as such in ihe commissioner's report, and shall be
paid in full if the balance in the hands of the administrator, after
the other payments before directed are made, is sufficient, otherwiae
such balance shall be distributed ratably to the creditors of such
debts in proportion to their respective claims.

Sec. 20. If, after payment in full of the claims before mention-
ed, any balance shall remain in the hands of the administrator, it
shall be decreed to be distributed among the other creditors in pro-
portion to their respective claims allowed as aforesaid, or in full
payment thereof, with interest.

Sec 21. Such decree shall contain the names of the creditore,
the sums allowed them, and the sums they are respectively entitled
to receive firom the administrator on such estate.

Sec. 22. The balance on any second or further account ren-
dered on buch estate, shall be distributed in like manner until the
creditors shall have received the sums allowed them in full, with
interest, if the estate shall so far extend.

Sec 23. If any thing shall remain after payment of the pre-
ferred claims, the debts due firom the estate and for the support of
the children, if any under seven years of age, such residue shall be
distributed among the legatees or heirs according to law.

Sec 24. The administrator shall pay the commissioners a rea^
sonable compensation for their services, which shsdl be allowed by
the judge on settlement of the account of administration.

Sec 25. If the estate of any person deceased, after deducting
the allowance made to the widow, shall be expended in defraying
the expenses of the last sickness and funeral of the deceased, and
expenses of administration, the administrator on settlement of his
account shall be wholly discharged by decree of the judge firom all
claims of the creditors against such estate, without any other pro-
ceedings whatever.

Sec 26. In case administration be taken in this State on the
estate of any person who was at his decease an inhabitant of any
other state, and in case such person died insolvent, his estate found
in this State shall, as far as practicable, be so disposed of that aU
his creditors, here and elsewhere, may receive each an equal share,
in proportion to their respective debts. {Laws of 1851, chap. 1110,
sec. 1.)

Sec 27. K it should be made to appear to any judge of pro-
bate in this State, that claims have been duly proved against said



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CHAP.



172.J



APPEALS FROM COBIMI8BIONER8.



415



deceased person in any other state, he shall be required to receive
a certified list of sach claims when perfected in another state, and
add the same to any list of claims which may have been proved
within his own jorisdiction against said deceased person, so that
said j^dge of probate may be enabled to make a just distribution
of the property found in the State among all the creditors : pro^
videdj that the benefits of this act (this and the preceding section)
shall not be extended to the creditors of any state, if the property
of such deceased person there found shall not be equally appor-
tion^ to the creditors residing in this State, with other creditors,
according to their respective debts. {Laws of 1851, chap, 1110,
sec. 2.)



CHAPTER 172.

OF AFFBAL8 FROM G0MMI8SI0NEBS.

COMPILED FROM

Chapter 163 of the Revised Statutes.
" 137, Laws of 1844.



Ssonov

1. Creditor may appeal, how and when.

S. Appeal, how proaecnted.

8. Administrator may appeal

4. Heir may appeal, how and when.

5. Creditor, how to proseeate his claim.

6. Fleadioga and proceedings, what.

7. Creditor not prosecuting, barred.

S. Administrator to recover costs, when.

9.' Creditor admitted to defend, when.



SXOTIOV

10. Judgment, how certifled, by court.

11. No review on such appeal.

12. Claim may be refenred.

13. Award, proceedings on.

1 4. Claims not barred against heirs, when.

15. Sureties not liable for dividends after

one year.

16. Demands not presented or allowed,

barred.



Section 1. Any creditor dissatisfied with the decision of the
commissioners upon any claim by him exhibited, may appeal
therefrom by petition to the judge, filed in the probate office with-
in thirty days after the acceptance of their report, and shall file
therewith a declaration in proper form upon his claim.

Sec 2. The judge shall order the administrator to be served
with a copy of such petition and declaration, and the creditor
shall enter his action at the next court of common pleas, and pro-



Online LibraryNew HampshireThe compiled statutes of the state of New Hampshire: to which are prefixed ... → online text (page 44 of 80)