ᎪᎡᎢ. 1. Dem., 402. property of the deceased, which has come to the knowledge of such executor or administrator, and particularly of all money, bank bills, Y., 399; 4 and other circulating medium, belonging to the deceased, and of all just claims of the deceased against such executor or administrator, according to the best of his knowledge. or annexed to the inventory. [1 R. L., 311, § 1; L. 1821, 46.] Such oath shall be endorsed upon, [Thus amended by L. 1888, ch. 302.] [Sections 17-22 were repealed by L. 1880, ch. 245.] [86] return § 23. Any one or more of the executors or administrators named Any one to in any letters, on the neglect of the others, may return an inventory; inventory. and those so neglecting, shall not thereafter interfere with the administration, or have any power over the personal estate of the deceased; but the executor or administrator so returning an inventory, shall have the whole administration, until the delinquent return and verify an inventory, agreeably to the provisions of this article. § 24. Whenever personal property, or assets of any kind, not New assets. mentioned in any inventory that shall have been made, shall come to the possession or knowledge of an executor or administrator, he shall cause the same to be appraised in manner aforesaid, and an inventory thereof to be returned, within two months after the discovery thereof; and the making of such inventory and return may be enforced in the same manner, as in the case of the first inventory. L. 1842, Chap. 157 - An act to extend the exemption of household furniture and working tools from distress for rent, and sale under execution. [Section 1 was repealed by L. 1877, ch. 417.] Exemption for a widow and minor children, $150. § 2. When a man having a family, shall die, leaving a widow, or minor child or children, there shall be inventoried by the appraisers, and set apart for the use of such widow, or for the use of such widow and child or children, or for the use of such child or children, in the manner now prescribed by the ninth section of title third, chapter sixth, of part second of the Revised Statutes, necessary household furniture, provisions or other personal property, in the discretion of said appraisers, to the value of not exceeding one hundred and fifty dollars, in addition to the articles of personal property now exempt from appraisal by said section. 6 Hill, 642; 6 N. Y., 597; 3 Dem., 72. [Section 3 is on p. 2226, ante.] L. 1867, Chap. 782 – An act in relation to the powers and jurisdictions of surrogates' courts. Husband and children of deceased woman to have articles set apart for them. § 13. When a married woman or widow shall die, leaving her surviving a husband or a minor child or children, the same articles and personal property shall be set apart by the appraisers for the benefit of such husband or minor child or children, as is now provided by law in the case of a man dying and leaving a widow or minor children; and all articles and property set apart, in accordance with law for the benefit of a widow or widower and a minor or minors, shall be and remain the sole personal property of such widow or widower after such minor or minors shall have arrived at age. [Thus amended by L. 1887, ch. 630.] [As to the remaining sections of this act, see the note on p. 2555, ante.] TITLE 3. [87] Personal property when and sold. 42 N. Y., Redf, 235; 49 How. Pr. R., 193; 2 Redf., 87; 23 Hun, 478; 32 Hun, 55; 98 N. Y., 348. What to be ARTICLE SECOND, OF THE DUTIES OF EXECUTORS AND ADMINISTRATORS, IN THE PAYMENT OF DEBTS AND LEGACIES. SEC. 25. When personal property to be sold, to pay debts, manner and terms of sale. 26. Certain articles to be first sold. 27. Order in which debts are to be paid. 28. Preferences not to be given in payment of certain debts. 29. Debts not due, may be paid, on deducting interest. 30. In certain cases, preference may be given by surrogate, to rents due. 31 & 32. [Repealed.] 33. When executor, etc., may retain for his debt; not entitled to preference. 34. Notice to creditors to exhibit claims may be given, its contents, etc. 35. Upon exhibition of claims, vouchers and affidavits of claimant may be required. 36. If claim doubted, may be submitted to reference. 37. Proceedings on reference; report, judgment and effect thereof. 38. [Repealed.] 39. If suit brought upon claim not presented within six months after notice to creditors; executors, etc., not to be liable for assets paid or distributed. 40-42. [Repealed.] 43. Legacies not to be paid until after one year, unless otherwise directed in 44. If directed to be sooner paid, executor, etc., may require a bond; its contents. § 25. If any executor or administrator shall discover that the debts against any deceased person, and the legacies bequeathed by him, can not be paid and satisfied without a sale of the personal property of the deceased, the same, so far as may be necessary for the payment of such debts and legacies, shall be sold. The sale may be public or private, and, except in the city of New York, may be on credit, not exceeding one year, with approved security. Such executor or administrator shall not be responsible for any loss happening by such sale, when made in good faith, and with ordinary prudence. § 26. In making such sales, such articles as are not necessary for the support and subsistence of the family of the deceased, or as are not specifically bequeathed, shall be first sold; and articles so beHow. Pr. queathed, shall not be sold, until the residue of the personal estate has been applied to the payment of debts. 153; 34 N. Y., 348; 49 R., 193. Order of § 27. Every executor and administrator shall proceed with diligence, to pay the debts of the deceased, and shall pay the same 9 Abb. N. according to the following order of classes: payment of debts. S., 26; 20 N. Y., 120; 14 Barb., 487; 7 Barb., 379; 7 Paige, 444; 6 Paige, 21; 3 Edw.,347; 4 Abb. Pr., 273; 4 Bradf., 213, 218; 2 Bradf., 1. Debts entitled to a preference, under the laws of the United States: 2. Taxes assessed upon the estate of the deceased, previous to his death: 3. Judgments docketed, and decrees enrolled, against the deceased, according to the priority thereof, respectively: 4. All recognizances, bonds, sealed instruments, notes, bills and 103, 21:1 unliquidated demands and accounts. 212; Bradf., 343; 31 N. Y., 360; 19 Abb. Pr., 1; 15 Abb. Pr., 229; 42 N. Y., 30; 56 Barb., 265; 10 Bosw., 164, 305; 1 Redf., 279; 5 Abb. N. C., 195; 5 Redf., 27, 524; 8 Dem., 297, 371; 4 Dem., 440; 9 Daly, 220; 88 N. Y., 503. ART. 2. preier abolished. § 28. No preference shall be given in the payment of any debt, over other debts of the same class, except those specified in the third Certain class; nor shall a debt due and payable, be entitled to preference ences over debts not due; nor shall the commencement of a suit for the 7 Barb., recovery of any debt, or the obtaining a judgment thereon against Pr., 270; 18 the executor or administrator, entitle such debt to any preference Wend.,667; over others of the same class. 379; 4 Abb. 17 560; 19 Abb. Pr., 1; 53 N. Y., 613; 2 Dem., 219; 3 Dem., 70; 4 Dem.,440. paid. § 29. Debts not due, may be paid by an executor or administra- Debts not tor, according to the class to which they may belong, after deducting Redf.,214. a rebate of legal interest upon the sum paid, for the time unexpired. § 30. Preference may be given by the surrogate, to rents due or Rents. accruing, upon leases held by the testator or intestate, at the time of 174, 485; 10 his death, over debts of the fourth class, whenever it shall be made Bosw., 164. to appear to his satisfaction, that such preference will benefit the estate of such testator or intestate. [Sections 31 and 32 were repealed by L. 1880, ch. 245.] 6 Lans., [88] etc., re § 33. No part of the property of the deceased shall be retained Executors, by an executor or administrator, in satisfaction of his own debt or taining. claim, until it shall have been proved to, and allowed by, the surro- 8 Hun, 458; gate; and such debt or claim shall not be entitled to any preference over others of the same class. 650; 6 Paige, 167; 2 Bradf., 116; 1 Redf., 232; 59 N. Y., 140; 23 Hun, 251; 5 Redf., 14, 186; 89 N. Y., 352; 93 N. Y., 484; 96 Ń. Y., 92; 85 § 34. Any executor or administrator, at any time, at least six months after the granting of the letters testamentary or of administration, may insert a notice once in each week for six months, in a newspaper printed in the county, and in so many other newspapers, as the surrogate may deem most likely to give notice to the creditors of the deceased, requiring all persons having claims against the deceased, to exhibit the same with the vouchers thereof, to such executor or administrator, at the place of his residence or transaction of business, to be specified in such notice, at or before the day therein named, which shall be at least six months from the day of the first publication of such notice. 1 Abb. Ct. App. Dec., 541; 9 Bosw., 692; 2 Abb., N. S., 208; 50 N. Y., 538; 43 N. Y., 1 Tucker, 140, 478; Hun, 195; Notice to creditors. be re § 35. Upon any claim being presented against the estate of any Vouchers, deceased person, the executor or administrator may require satis- etc., may factory vouchers in support thereof, and also the affidavit of the quired. claimant that such claim is justly due, that no payments have been made thereon, and that there are no offsets against the same to the knowledge of such claimant; which oath may be taken before any justice of the peace, or other officer authorised to administer oaths. 32 Barb., 356; 26 Barb., 334; 25 Barb., 132; 1 Barb., 523; 1 Barb. Ch.. 301; 6 Hill, 389; § 36. If the executor or administrator doubt the justice of any Reference claim so presented, he may enter into an agreement, in writing, with claims. to settle [89] TITLE 3. the claimant, to refer the matter in controversy to three disinterested persons, or to a disinterested person, to be approved by the surrogate, and upon filing such agreement and approval of the surrogate in the office of the clerk of the supreme court in the county in which the parties, or either of them, reside, a rule shall be entered by such clerk, either in vacation or term, referring the matter in controversy to the person or persons so selected. [Thus amended by L. 1859, ch. 261.] Proceedings. Executors, &c., not lia 45 N. Y., 806; 4 Abb. Ct. App. Dec., 430; 3 Daly, 244; 9 Abb., N. S., 208; 32 Barb., 356; 80 Barb., 111; 29 Barb., 351; 25 Barb., 132; 10 Barb., 312; 9 Barb., 388; 1 Barb., 523; 12 Abb. Pr., 79; 4 Abb. Pr., 136; 20 How. Pr. R., 60; 17 How. Pr. R., 24; 16 How. Pr. R., 314; 14 How. Pr. R., 511; 9 How. Pr. R., 349, 434; 6 How. Pr. R., 77; 6 Hill, 388; 2 Duer, 160; 16 Wend., 479; 43 Barb., 129; 41 Barb., 612; 24 How. Pr. R., 88; 17 Abb. Pr., 375; 16 Abb. N. Č., 210; 1 Dem., 212; 2 Dem., 17; 16 J. & S., 470; 60 N. Y., 106, 32 Hun, 56; 40 Hun, 74; 41 Hun, 9; 88 N. Y., 453; 102 N. Y., 599; 42 Hun, 164; 45 Hun, 401. § 37. The referees shall thereupon proceed to hear and determine the matter, and make their report thereon to the court in which the rule for their appointment shall have been entered. The same proceedings shall be had in all respects, the referees shall have the same powers, be entitled to the same compensation, and subject to the same control, as if the reference had been made in an action in which such court might by law, direct a reference; and the court may set aside the report of the referees, or appoint others in their places, and may confirm such report, and adjudge costs, as in actions against executors; and the judgment of the court thereupon shall be valid and effectual in all respects, as if the same had been rendered in a suit commenced by the ordinary process. 32 Barb., 356; 10 Barb., 312; 4 Abb. Pr., 136; 14 How. Pr. R., 509, 511; 6 How. Pr. R., 77; 4 How. Pr. R., 134; 13 Wend., 456; 10 Wond., 601; 7 Wend, 522; 37 Barb., 223; 24 How. Pr. R., 404; 14 Abb. Pr., 86; 45 N. Y., 846; 53 Barb., 490; 44 How. Pr. R, 25; 9 Abb., N. S., 208; 18 Hun, 105; 23 Hun, 249; id., 393; 81 N. Y., 629; 13 Abb. N. C., 373; 15 Abb. N. C., 455; 16 Abb. N. C., 220; 4 Dem., 180, 517; 27 Hun, 366; 82 Hun, 54, 481; 40 Hun, 74; 102 N. Y., 597; 103 N. Y., 680; 42 Hun, 413. [Section 38 was repealed by L. 1880, ch. 245.] § 39. In case any suit shall be brought upon a claim, which shall ble for cer- not have been presented to the executor or administrator of a detain assets. ceased person, within six months from the first publication of such [90] Legacies, paid. notice, as hereinbefore directed, such executor or administrator shall not be chargeable for any assets or monies, that he may have paid in satisfaction of any claims of an inferior degree or of any legacies, or in making distribution to the next of kin, before such suit was commenced. [Thus amended by L. 1880, ch. 245.] 43 N. Y., 524; 26 Barb., 334; 16 Barb., 294; 4 Abb. Pr., 273, 313; 15 How. Pr. R., 184; 12 How. Pr. R., 284; 25 Wend., 416; 27 Wend., 569; 2 Duer, 160; 1 Bradf., 485; 6 Lans., 489; 9 Bosw., 694; 1 Robt., 426; 9 Abb., N. S., 208; 2 Abb., N. S., 130; 10 Bosw., 305; 42 Hun, 164. [Sections 40-42 were repealed by L. 1880, ch. 245.] § 43. No legacies shall be paid by any executor or administrator, when to be until after the expiration of one year from the time of granting letters testamentary or of administration, unless the same are directed. by the will to be sooner paid. Bond. How: Pr. R., 434; 5 Dem., 458. 12 N. Y., 474; 4 Bradf., 129; 2 Bradf., 74; 1 Bradf., 356: 31 How. Pr. R., 179; 19 Abb. Pr., 210; 36 N. Y., 23; 1 Redf., 415; 5 Redf., 419; 1 Dem., 493; 3 Dem., 151, 446; 28 Hun, 506. § 44. In case a legacy is directed to be sooner paid, the executor or administrator may require a bond, with two sufficient sureties, conditioned, that if any debts against the deceased shall duly appear, and which there shall be no other assets to pay, and there shall be no other assets to pay other legacies, or not sufficient, that then the legatee shall refund the legacies so paid, or such rateable proportion thereof, with the other legatees, as may be necessary for the payment of the said debts, and the proportional parts of such other legacies, if there be any, and the costs and charges incurred by reason of the payment to such legatee; and that if the probate of the will, under which such legacy is paid, shall be revoked, or the will declared void, then that such legatee shall refund the whole of such legacy, with interest, to the executor or administrator entitled thereto. [1 R. L., 314, § 18.] ART. 2. legacies. 211; 2 Barb, 553; § 45. After the expiration of one year from the granting of any Payment of letters testamentary or of administration, the executors or adminis- 1. trators shall discharge the specific legacies bequeathed by any will, Barb., Ch., and pay the general legacies, if there be assets; and if there be not 87; 14 sufficient assets, then an abatement of the general legacies shall be 1 Redf.,215; made in equal proportions. Such payment may be enforced by the surrogate in the same manner as the return of an inventory, as herein before provided; and also by a suit on the bond of such executor or administrator, whenever directed by the surrogate. [Sections 46 to 51 repealed by L. 1886, ch. 358. ] 21 Hun, 481; 3 Dem., 349, 433 [91] L. 1847, Chap. 80-An act to authorize executors and administrators to compromise and compound debts due to their testators, or intestates. Debts may be compromised or compounded. SECTION 1. Executors and administrators may be authorized by the surrogate, or the officer authorized to perform the duties of surrogate, in the county where their letters testamentary, or of administration were issued, on application, and good and sufficient cause shown therefor, and on such terms as said surrogate or officer shall approve, to compromise or compound any debt or claim, or to sell at public vendue, on such notice. of sale as said surrogate or officer may prescribe, any uncollectible, stale or doubtful debt or claim, belonging to the estate of their testator or intestate. [Thus amended by L. 1888, ch. 571.] 21 N. Y., 184; 1 Hun, 73; 6 T. & C., 211; 16 Abb. Pr., 23; 4 Hun, 7; 3 Hun, 458. Saving clause. § 2. Nothing in this act contained shall prevent any party, interested in the final settlement of said estate, from showing, on the final settlement of the accounts of said executor or administrator, that such debt or claim was fraudulently, or negligently compromised or compounded. L. 1875, Chap. 542 – An act to provide for the apportionment of rents, annuities, dividends and other payments. Rule of apportionment. SECTION 1. All rents reserved on any lease granted after the passing of this act, and all annuities, dividends and other payments of every description, made payable or becoming due at fixed periods under any instrument executed after the passing of this act, or (being a last will and testament) that shall take effect after the passing of this act, shall be apportioned, so that on the death of any person interested in any such rents, annuities, dividends or other payments as aforesaid, or in the estate or fund from or in respect of which the |