trial and determination of the same according to the rules of law, allowing a trial by jury of all the questions of fact in cases where such trial may be proper; and such Court may direct an issue to be made up between the parties in a brief form when it shall be deemed necessary; and questions of law may be carried to the Supreme Court, and costs may be allowed or denied, in the discretion of the Court.

certified to Pro

(2941.) SEC. 26. The final decision and judgment in cases so Judgment to be appealed, shall be certified by the Circuit Court or Supreme bate Court, etc. Court, as the case may be, to the Probate Court; and the same proceedings shall be had thereon, as if such decision had been reported by the Commissioners.

red.

(2942.) SEC. 27. If any claimant, appealing on account of When claim barthe disallowance of his claim by the Commissioners, shall fail to prosecute his appeal in the Circuit Court to which the appeal is taken, such claim shall be forever barred, and said Court may allow costs to the appellee.

Court shall affirm

pealed from.

(2943.) SEC. 28. If the person objecting to a claim, and When Circuit appealing on account of the allowance of such claim, shall allowance a pneglect to prosecute his appeal, the Court to which the appeal shall be taken, on motion of the adverse party, and on his producing an attested copy of the record of the Probate Court showing such appeal, shall affirm the allowance appealed from, and may allow costs against the appellant.

son interested in

peal, etc.

(2944.) SEC. 29. When an executor or Administrator declines When any perto appeal from the decision of the Commissioners, any person Estate may ap interested in the estate, as creditor, devisee, legatee or heir, may appeal from such decision in the same manner as the executor or Administrator might have done, and the same proceedings shall be had in the name of the executor or Administrator: Provided, That the person appealing in such case shall, before the appeal shall be allowed, give a bond, to be approved by the Judge of Probate, as well to secure the estate from damages and costs, as to secure the intervening damages and costs to the adverse party.

appeal by Execuallowance of his

(2945.) SEC. 30. When an executor or Administator shall Notice in case of have a claim against the estate which he represents, which tor, etc., on disshall be disallowed by the Commissioners, and he shall take claim. an appeal therefrom to the Circuit Court, notice of such appeal shall be given to all concerned, by personal service thereof, or by publication under an order of the Probate Court, in some newspaper which circulates in the county,

three weeks successively, the last publication of which shall be four weeks before hearing of the appeal.

Order allowing time for paying debts, etc.

Court may extend time.

extension and

LIMITATION OF TIME FOR PAYING DEBTS.

(2946.) SEC. 31. The Probate Court, at the time of granting letters testamentary, or letters of administration, shall make an order allowing to the executor or Administrator a time for disposing of the estate, and paying the debts and legacies of the deceased person, which time shall not, in the first instance, exceed one year and six months.

(2947.) SEC. 32. The Probate Court may, on the application of the executor or Administrator, from time to time, as the circumstances of the estate may require, extend the time for paying debts and legacies, not exceeding one year at a time, nor so that the whole time allowed to the original executor or Administrator shall exceed four years.

Application for (2948.) SEC. 33. When an executor or Administrator shall notice of hearing make application to have the time for paying debts and legacies extended beyond one year and six months from the time of granting letters testamentary or of administration, the Probate Court shall appoint a time for hearing and deciding on such application, and shall cause notice of such application, and of the time and place of hearing, to be given to all persons interested, by publication, three weeks successively, in some newspaper to be designated by the Court; and no such order extending the time shall be granted, unless such notice shall have been previously given.

When new Administrator a p

may extend time, etc.

(2949.) SEC. 34. When an executor or Administrator shall pointed, Court die, or become incapable of discharging his trust, and a new Administrator of the same estate shall be appointed, the Probate Court may extend the time for the payment of the debts and legacies beyond the time allowed to the original executor or Administrator, not exceeding one year at a time, and not exceeding six months beyond the time which the Court might by law allow to such original executor or Administrator, upon due notice being given as required in the preceding section.

OF THE DISTRIBUTION

OF ASSETS AMONG THE CREDITORS, AND OF INSOLVENT ESTATES.

(2950.) SEC. 35. If, after the report of the Commissioners,

etc., to pay debts,

and ascertaining the claims against any estate, it shall appear when executor, that the executor or Administrator has in his possession etc." sufficient to pay all the debts, he shall pay the same in full within the time limited or appointed for that purpose.

ment.

(2951.) SEC. 36. If the assets which the executor or Admin- order of paytrator may have received, and which can be appropriated to the payment of debts, shall not be sufficient, he shall, after paying the necessary expenses of administration, pay the debts against the estate in the following order: 1. The necessary funeral expenses; 2. The expenses of the last sickness; 3. Debts having a preference by the laws of the United States; 4. Debts due to other creditors.

to be paid divi

(2952.) SEC. 37. If there shall not be assets enough to pay when creditors all the debts of any one class, each creditor shall be paid a dend. dividend in proportion to his claim; and no creditor of any one class shall receive any payment until all those of the preceding class shall be fully paid.

order payment

tribution of as

(2953.) SEC. 38. After the return of the report of the Com- when Court to missioners, and at or before the expiration of the time limited of debts and disfor the payment of debts, the Probate Court shall make an sets. order or decree for the payment of the debts, and the distribution of the assets which may have been received by the executor or Administrator at the time for that purpose, among the creditors, as the circumstances of the estate shall require, according to the provisions of this chapter.

pend decree in

undetermined.

(2954.) SEC. 39. If an appeal shall have been taken from Court may susthe decision of the Commissioners as provided in this chapter, case of appeal and shall remain undetermined, the Probate Court may suspend the decree for the payment of debts mentioned in the preceding section, or may order a distribution among the creditors whose claims shall have been allowed, leaving in the hands of the executor or Administrator sufficient assets to pay the claim which may have been disputed and appealed. (2955.) SEC. 40. When the disputed claim shall have been when disputed finally settled, the Probate Court shall order the same to be be paid. paid out of the assets retained, to the same extent, and in the same proportion as the claims of the other creditors. (2956.) SEC. 41. If the whole of the debts shall not have Further decree been paid by the first distribution, and if the whole assets shall not have been distributed, or if other assets shall afterwards come to the hands of the executor or Administrator, the Probate Court may, from time to time, according to the

claim ordered to

for distribution.

etc., personally

circumstances of the case, make further decree for the

distribution of assets.

When Executor, (2957.) SEC. 42. Whenever a decree shall have been made liable to creditor. by the Probate Court for the distribution of the assets among the creditors, the executor or Administrator, after the time of payment shall arrive, shall be personally liable to the creditors for their debts, or the dividend thereon, as for his own debt; or he shall be liable on his bond, and the same may be put in suit, on the application of a creditor, whose debt or dividend shall not be paid, as above mentioned.

Notice of time limited for Pay

(2958.) SEC. 43. When the time for paying the debts of a ment of Debts. deceased person shall be finally limited by order of the Probate Court, or by the expiration of the time allowed for that purpose, whether the estate shall be insolvent or not, the Probate Court may, on the application of the executor or Administrator, by an order for that purpose, cause notice to be given to the creditors, of the time appointed or limited for the payment of such debts; which notice shall be given by publishing the same at least three weeks successively in some newspaper to be designated by the Court, and in such other manner as the Court may direct.

Creditor neglecting to demand

years may be

barred.

(2959.) SEC. 44. If, after notice shall have been given as debt in two provided in the preceding section, any creditor shall neglect to demand from the executor or Administrator his debt, or the dividend thereon, within two years from the time so limited for the payment of the debts, or if the notice shall be given after such time, within two years from the last publication, the claim of such creditor shall be forever barred.

Contingent claims may be presented.

When Court may

order sufficient

for payment of claims.

(2960.) SEC. 45. If any person shall be liable as security for the deceased, or have any other contingent claim against his estate, which cannot be proved as a debt before the Commissioners, or allowed by them, the same may be presented, with the proper proof, to the Probate Court, or to the Commissioners, who shall state the same in their report, if such claim was presented to them.

(2961.) SEC. 46. If the Court shall be satisfied from the estate retained report of the Commissioners, or by the proof exhibited, said Court may order the executor or Administrator to retain in his hands sufficient estate to pay such contingent claim when the same shall become absolute, or, if the estate shall be

insolvent, sufficient to pay a proportion equal to the dividends of the other creditors.

becoming abso

sented, etc.

(2962.) SEC. 47. If such contingent claim shall become Contingent claim absolute, and shall be presented to the Probate Court, or to lute, may be prethe executor or Administrator, at any time within two years from the time limited for other creditors to present their claims to the Commissioners, it may be allowed by the Probate Court upon due proof, or it may be proved before the Commissioners already appointed, or before others to be appointed for that purpose, in the same manner as if presented for allowance before the Commissioners had made their report, and the persons interested shall have the same right of appeal as in other cases.

(2963.) SEC. 48. If such contingent claim shall be allowed, When claimant as mentioned in the preceding section, or established on ment. appeal, the creditor shall be entitled to receive payment to the same extent as other creditors, if the estate retained by the executor or Administrator shall be sufficient for that purpose; but if the claim shall not be finally established as provided in the preceding section, or if the assets retained in the hands of the executor or Administrator shall not be wholly exhausted in the payment of such claims, such assets, or the residue of them, shall be disposed of by order of the Probate Court, to the persons entitled to the same according to law.

after time limited claim, may be

Court.

(2964.) SEC. 49. If the claim of any person shall accrue or claim accruing become absolute, at any time after the time limited for for presenting creditors to present their claims, the person having such claim proved in Probato may present it to the Probate Court, and prove the same at any time within one year after it shall accrue or become absolute, and if established in the manner provided in this chapter, the executor or Administrator shall be required to pay it, if he shall have sufficient assets for that purpose, and shall be required to pay such part as he shall have assets to pay; and if real or personal estate shall afterwards come to his possession, he shall be required to pay such claim, or such part as he may have assets sufficient to pay, not exceeding the proportion of the other creditors, in such time as the Probate Court may prescribe.

may recover of

(2965.) SEC. 50. When a claim shall be presented within when creditor one year from the time when it shall accrue, and be established, heirs. as mentioned in the preceeding section, and the executor or Administrator shall not have sufficient to pay the whole of