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Presentation of claims against estate.
Examination of accounts of executors and! administrators.
speedy care be not taken, may be lost, destroyed or diminished; to the end, therefore, that the same may be preserved for those who shall appear to have a legal right or interest therein, we do hereby request and authorize C. D., (and E. F., if two shall be appointed), of the county of ---------- * and State aforesaid, to collect and receive the said property wheresoever the same may be in the State, whether it be goods, chattels, rights or credits, or the rents and issues arising from the real property, and to make, or cause to be made, a true and perfect inventory thereof, and to exhibit the same, with all convenient speed, to the county court of the said county of ------------ , together with a reasonable account of his (or their) collection, acts and doings in the premises aforesaid.
SEC. 5. Section 128, of chapter I 14,  is hereby repealed, and the following shall stand in lieu thereof: SEC. 128. All persons having claims against the estate may present the same on the day named in such notice, and the court may proceed to hear and determine the same, or if objection be made thereto by the executor, administrator or any party interested in the est., e, or if cause be shown by the party presenting such claim, or by the administrator or executor, may continue the hearing thereof; if no objection be made to such claim by the administrator, widow, guardian, heirs or others interested in said estate, the claimant shall be permitted to swear that such claim is just and unpaid, after allowing all just credits; and if objećtions be made to said claim, the claim shall be adjudicated, as is is required in other cases; Provided, That estates shall be answerable for the costs on the claims filed at or before such term, but not after. Claims presented, as provided in this section, shall not be required to be presented again, unless withdrawn by the claimant. And, though not adjudicated on the day named in such notice, shall stand for hearing upon notice to be given by the claimant, administrator or executor at any time before final settlement of the estate.
SEC. 6. Section 149, of chapter I 14,  is hereby repealed, and the following shall stand in lieu thereof: SEC. 149. If it shall appear that such notice hath been duly published, the court may, upon the day named therein, or upon the day upon which the same may be continued, hear and examine the accounts of the executor or administrator, which shall be rendered in the same manner as at other settlements, and the objećtions of any parties in interest who may objećt thereto, and if it shall appear that the executor or administrator hath fully and faithfully administered the estate of the decedent which hath come to his hands according to the provisions of this chapter, the court may approve such accounts and discharge the executor or administrator; but no such discharge shall, in any manner, affect the right of any creditor, heir or devisee to bring an ačtion upon the bond of such executor or administrator for any breach of the condition thereof. All claims presented ...” against the estate and not allowed shall, upon the motion of the executor or administrator, on the day fixed in such notice, be disallowed for failure of the claimant to prosecute the same, unless upon good cause shown by the claimant it shall appear to the court that the claim should then be adjudicated. If the heirs of any intestate are unknown, or, if known, there is no person qualified to receive the same at the time of making the final settlement of the estate, the Final settlement. administrator shall be ordered by the county court to pay any balances remaining in his hands into the public treasury of said county, and the county shall be answerable for the same, without interest, to such person or persons as shall thereafter appear to be legally entitled to the same, if any such shall ever appear, to be paid by the county upon the order of the county court having administration of the estate.
SEC. 7. Administrators and executors, unless other- Duties of admin.
wise provided by the will, shall, by virtue of their office or ..." trust, have power, and it shall be their duty to receive, take possession of, sue for and recover the rents, issues and profits arising and accruing from such of the real estate of the decedent, during the terms of their office or trust, which rents, issues and profits shall be assets in the hands of the executor or administrator, to be applied under the order of the county court. First—In payment of taxes on such real estate; Second–In payment of valid liens, given by the deceased in his lifetime on such real estate; Third— In payment of the necessary expenses of keeping the real estate in repair; and, Fourth—In payment of debts and legacies. They shall also, if such rents, issues and profits are insufficient for that purpose, pay the taxes on the real estate from the proceeds of the personal property.
SEC 8. Creditors of any estate whose debts are secured Hader of nonby mortgage or deed of trust on real estate, shall not be:...”
Service of sunn mons.
allowed to foreclose such mortgage or deed of trust within one year from the death of the testator or intestate, unless by the permission of the county court having charge of the estate, and not until their debts or claims have been allowed by such court.
SEC. 9. Section 98 of chapter CXIV. [CXV.] of the General Statutes of the State of Colorado is hereby repealed, and the following shall stand in lieu thereof: SEC. 98. The executor or administrator shall present to the county court out of which letters testamentary or of administration issued, or to the distrićt court of the same county, or of the county to which such county is attached for judicial purposes, his petition, setting forth the amount and value of the personal estate, according to the inventory and appraisment thereof, and if sale has been made of such personal estate, the amount received from such sale, the amount of debt and claims allowed against the estate, and the amount still existing and not allowed, so far as the same may be known, the amount of legacies, if any, for the payment of which resort must be had to the real estate, and describing particularly the whole of the real estate whereof decedent died seized, or in, or to which he or she, at the time of his or her decease, had any interest, claim or right; the nature of his or her claim, right or title; the nature and value of the several parcels of such real estate respectively; and if the same or any thereof are encumbered, the nature and amount of such encumbrance, and pray the aid of the court in the premises. To such petition the widow or husband, and heirs-at-law of such decedent, and the devisees of such real estate, if the same or any thereof be devised in the will of the decedent shall be made defendants; Provided, That if the executor or administrator is also the widow or husband, or an heir-at-law of such decedent, or a devisee of any of such real estate, he or she need not be made a defendant.
SEC. I.O. Section 102 of chapter CXIV. [CXV.] of the General Statutes of the State of Colorado is hereby repealed, and the following shall stand in lieu thereof: SEC. Io2. Service of summons shall be by reading to each of the defendants therein named.
SEC. I I. Section 106 of chapter CXIV. [CXVI of the General Statutes of the State of Colorado is hereby repealed and the following shall stand in lieu thereof: SEC. IO6. If it shall appear that any defendant is a minor, the court shall appoint a guardian ad /item to such minor, to appear in his o or her behalf, and resist such petition. aay life???.
SEC. 12. In the opinion of the General Assembly an Emergency. emergency exists; therefore, this act shall take effect and be in force from and after its passage.
TO AMEND CHAPTER CXV., OF THE GENERAL STATUTES, STATE OF
Be it enaë7ed by the General Assembly of the State of
SECTION I. That section eighty-three (83) of said chapter be, and the same is hereby, amended so as to read as follows: That appraisers shall make out and certify to the county court an estimate of the value of each of the several items of property allowed to the widow; and it shall be lawful for the widow to make her eleētion whether widow may she will take that part of the personal estate to which she "“” may be entitled out of the articles mentioned in such bill for appraisement, according to the appraised value thereof, or whether she will take the amount thereof in money, or she may take a part in property and a part in money, as she may prefer, and in all such cases it shall be the duty of the executor, or administrator, as such appraisements shall be made, and to set apart for her such articles or article of property, not exceeding the amount to which she may be entitled, as she may prefer or sele&t, within thirty days after written application shall be made for that purpose by such widow; and, if any such executor, or administrator, shall negle&t or refuse to comply with the foregoing requisition when application shall be made for that purpose, he shall forfeit and pay, for the use of such widow, the sum of
Penalty for running off or secreting witnesses.
twenty dollars per month for each month's delay to set apart said property so selected after the said term of thirty days shall have elapsed, to be recovered in the name of the people of the State of Colorado, for the use of such widow, in any court having jurisdićtion of the same.
Approved April 7, 1885.
(S. B. 213.)
CONCERNING WITNESSES IN CRIMINAL CASES.
Be it enađed by the General Assembly of the State of
SECTION I. That whoever, by hiring, persuasion or otherwise, induces any witness in any criminal case, or any person having knowledge of any fačt tending to show the guilt or innocence of any person suspected or charged with having committed a crime or misdemeanor, to leave the State, or secrete himself or herself, so that he or she cannot be produced as a witness at any examination or trial of the person so suspected or charged, or whoever having any knowledge of any fact tending to show the guilt or innocence of any person suspected or charged with having committed a crime or misdemeanor, takes any money or valuable thing, consideration or gratuity, or promises therefor, upon an agreement or understanding, expressed or implied, not to testify or give evidence of such fačt, or to leave the State or secrete himself or herself, so that he or she cannot be produced as a witness at any examination or trial of such person so suspected or charged, shall be guilty of a misdemeanor, and upon convićtion shall be fined in a sum not exceeding one thousand dollars, or confined in the county jail not exceeding one year, or both.
Approved April 1, 1885.