1058
Executor or Administra- tor to apply for order to distribute assets.
ORDINANCE No. 9 OF 1870.
Probate and Administration.
the creditors of such person, as well specialty as simple contract, shall be treated as in equal degree, and be paid accordingly out of the assets of such deceased person, whether such assets are legal or equitable, any other law to the contrary notwithstanding: Provided always, that this Ordinance shall not prejudice or affect any lien, charge, or other security which any creditor may hold or be entitled to for the payment of his debt.
3. Any executor or administrator may apply by summary petition to the Supreme Court, for an order limiting the time for creditors and others to send in their claims against the estate of the testator or intestate and specifying what notices are to be given of the making of such order, and of the time thereby limited; and where an executor or administrator shall have given the notices specified in such order, he shall at the expiration of the time limited thereby for sending in such claims, be at liberty to distribute the assets of the testator or intestate or any part thereof, amongst the parties entitled thereto, having regard to the claims of which such executor or administrator has then notice, and shall not be liable for the assets or any part thereof, so distributed to any person of whose claim such executor or administrator shall not have had notice at the time of distribution of the said assets or a part thereof, as the case may be; but nothing in this section contained shall prejudice the right of any creditor or claimant to follow the assets or any part thereof, into the hands of the persons who may have received the same respectively.
Official Administrator may take possession of property of any deceased person until grant of probate or administration.
Penalty for removing, concealing or refusing to give up such property.
4. It shall be lawful for the Official Administrator, whenever he shall think it expedient so to do and upon such evidence of death as he shall deem sufficient, to take possession of the private papers, monies, goods, chattels and other movable property whatsoever of any deceased person which shall be found within the Colony and to provide for the safe custody thereof, until probate of the will of such deceased person or letters of administration of his estate and effects shall have been granted by the Supreme Court. Provided always that the Official Administrator may, in lieu thereof, if he shall think fit, issue forthwith a commission of appraisement of the said property.
5. Any person who shall without lawful authority or excuse remove or attempt to remove out of the Colony any such property as aforesaid, or shall destroy, conceal or refuse to yield up the same on demand to the Official Administrator, shall be guilty of a misdemeanor and shall be
1058
Executor or
Administra-
for order to
distribute
assets.
stanc
ORDINANCE No. 9 OF 1870.
Probate and Administration.
the creditors of such person, as well specialty as simple contract, shall be treated as in equal degree, and be paid accordingly out of the assets of such deceased person, whether such assets are legal or equitable, any other law to the contrary notwithstanding: Provided always, that this Ordinance shall not prejudice or affect any lien, charge, or other security which
any creditor may hold or be entitled to for the of his debt.
payment
3. Any executor or administrator may apply by summary petition tor may apply to the Supreme Court, for an order limiting the time for creditors and others to send in their claims against the estate of the testator or intestate and specifying what notices are to be given of the making of such order, and of the time thereby limited; and where an executor or administrator shall have given the notices specified in such order, he shall at the expi- ration of the time limited thereby for sending in such claims, be at liberty to distribute the assets of the testator or intestate or any part thereof, amongst the parties entitled thereto, having regard to the claims of which such executor or administrator has then notice, and shall not be liable for the assets or any part thereof, so distributed to any person of whose claim such executor or administrator shall not have had notice at the time of distribution of the said assets or a part thereof, as the case may be; but nothing in this section contained shall prejudice the right of any creditor or claimant to follow the assets or any part thereof, into the hands of the persons who may have received the same respectively.
Official Ad ministrator may take possession of property of any deceased person until grant of
probate or ad- ministration,
Penalty for removing
concealing or refusing to give up such property.
4. It shall be lawful for the Official Administrator, whenever he shall think it expedient so to do and upon such evidence of death as he shall deem sufficient, to take possession of the private papers, monies, goods, chattels and other moveable property whatsoever of any deceased
person which shall be found within the Colony and to provide for the safe custody thereof, until probate of the will of such deceased person or letters of administration of his estate and effects shall have been granted by the Supreme Court Provided always that the Official Administrator may, lieu thereof, if he shall think fit, issue forthwith a commission of appraise- ment of the said property.
in
5. Any person who shall without lawful authority or excuse remove or attempt to remove out of the Colony any such property as aforesaid, or shall destroy, conceal or refuse to yield up the same on demand to the Official Administrator, shall be guilty of a misdemeanor and shall be
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