Affidavit and port of claim. of the claimant, or some one in his behalf, that the amount is justly due, that no payments have been made proof in sup- thereon which are not credited, and that there are no set-offs to the same to the knowledge of the claimant or affiant. If the claim be not due when presented, or be contingent, the particulars of such claim must be stated. When the affidavit is made by a person other than the claimant, he must set forth in the affidavit the reasons why it is not made by the claimant. The oath may be taken before any officer authorized to administer oaths. The executor or administrator may also require satisfactory vouchers or proofs to be produced in support of the claim. If the estate be insolvent, no greater rate claim against of interest shall be allowed upon any claim after the first publication of notice to creditors than is allowed on judgments obtained in the district court. Interest on insolvent es tate. Proceeding in case a probate judge present claim against es tate. Endorsement of claim when presented. SEC. 152. Any probate judge may present a claim against the estate of a decedent for allowance, to the executor or administrator thereof; and if the executor or administrator allows the claim, he must, in writing, designate some probate judge of an adjoining county, who, upon the presentation of such claim to him, is vested with the same power to allow or reject it as he would have if the will had been proved or administration granted in his own county; and the probate judge presenting such claim, in case of its rejection by the executor or administrator, or by such probate judge as shall have acted upon it, has the same right to sue in a proper court for its recovery as other persons have when their claims against an estate are rejected. SEC. 153. When a claim, accompanied by the affidavit required in this chapter, is presented to the executor or administrator, he must endorse thereon his allowance or rejection, with the day and date thereof. If he allows the claim, it must be presented to the probate judge for his approval, who must, in the same manner, endorse upon it his allowance or rejection. If the executor or administrator or the judge refuse or neglect to endorse such allowance or rejection for ten days after the claim has been presented to him, such refusal or neglect is equivalent to a rejection on the tenth day; and if the presentation be made by a notary, the certificate of such notary, under seal, is prima facie evidence of such presentation and rejection. If the claim be presented to the executor or administrator before the expiration of the time limited for the presentation of claims, the same is presented in time, though acted upon by the executor or administrator and by the judge after the expiration of such time. If the claim be payable in a particular kind of money or currency, it shall, if claim paid. allowed, be payable only in such money or currency. Kind of money in which Claim, when allowed to be filed and If claim wind o SEC. 154. Every claim allowed by the executor or administrator and approved by the probate judge, or a copy thereof, as hereinafter provided, must, within thirty paid. days thereafter, be filed in the probate court, and be ranked among the acknowledged debts of the estate, to be paid in due course of administration. If the claim is founded on a bond, bill, note, or any other instrument, a copy of such instrument must accompany the claim, and the original instrument must be exhibited if demanded, unless it is lost or destroyed, in which case the claimant must accompany his claim by his affidavit, containing a copy or particular description of such instrument, and stating its loss or destruction. If the claim or any part thereof is secured by a mortgage or other lien, which has been recorded in the office of the recorder of the county in which the land affected by it lies, in which case it is sufficient to describe the mortgage or lien and refer to the date, volume, and page of its record. If in any case the claimant has left any original voucher in the hands of the executor or administrator, or suffered the same to be filed in court, he may withdraw the same when a copy thereof has been already or is then attached to his claim. A brief description of the claim filed must be entered by the clerk in the register, founded on a written obligation, same or copy filed. In case claim on Claimant may with voucher and draw original file copy. Limitation in which suit be may brought in case claim rejected. If claim barred not to be allowed. showing the name of the claimant, the amount and character of the claim, rate of interest, and date of allow ance. SEC. 155. When a claim is rejected, either by the executor or administrator or the probate judge, the holder must bring suit in the proper court against the executor or administrator, within three months after date of its rejection, if it be then due, or within two months after it becomes due, otherwise the claim is forever barred. SEC. 156. No claim must be allowed by the executor or administrator, or by the probate judge, which is barred by the statute of limitations. When a claim is presented to the probate judge for his allowance, he may, in judge may his discretion, examine the claimant and others, on oath, and hear any other legal evidence touching the validity of the claim. Probate examine into claim. Claim to be first present SEC. 157. No holder of any claim against an estate ed to the ex- shall maintain any action thereon, unless the claim is first presented to the executor or administrator. ecutor or ad ministrator. If vacancy in administra SEC. 158. The time during which there shall be a tion limita vacancy in the administration must not be included in any limitations herein prescribed. tion not run. to against decedent at time of death must be presented for allowance against es tate. SEC. 159. If an action is pending against the deceClaim in suit dent at the time of his death, the plaintiff must in like manner present his claim to the executor or administrator, for allowance or rejection, authenticated as required in other and no recovery cases; shall be had in the action unless proof be made of the presentation required. SEC. 160. Whenever any claim is presented to an lowed must executor or administrator, or to the probate judge, and he is willing to allow the same in part, he must state in his endorsement the amount he is willing to allow. If the creditor refuse to accept the amount allowed in satisfaction of his claim, he shall recover no costs in any A mount al be endorsed on claim. Costs in case fuse to accept allowance. claimant re- action therefor brought against the executor or administrator, unless he recovers a greater amount than that offered to be allowed. Effect of a against estate. SEC. 161. A judgment rendered against an executor or administrator upon any claim for money against the estate of his testator or intestate, only establishes the claim in the same manner as if it had been allowed by the executor or administrator and the probate judge, and the judgment must be that the executor or administra- judgment tor pay in due course of administration the amount ascertained to be due. A certified transcript of the judgment must be filed in the probate court. No execution must issue upon such judgment, nor shall it create any lien upon the property of the estate or give to the judgment creditor any priority of payment. -. In case judgment was rendered against dece lifetime. If execution was levied on estate of de cedent be fore his death property to be sold. SEC. 162. When judgment has been rendered for or against the testator (or) intestate in his lifetime, no execution shall issue thereon after his death, except as provided agent in his in section A judgment against the decedent for the recovery of money must be presented to the executor or administrator, like any other claim. If execution is actually levied upon any property of the decedent before his death, the same may be sold for the satisfaction thereof; and the officer making the sale must account to the executor or administrator for any surplus in his hands. A judgment creditor having a judgment which was rendered against the testator or intestate in his lifetime, may redeem any real estate of the decedent from any sale under foreclosure or execution, in like manner and with like effect as if the judgment debtor were still living. SEC. 163. A judgment rendered against a decedent, dying after verdict or decision on an issue of fact, but before judgment is rendered thereon, is not a lien on the real property of the decedent, but is payable in due course of administration. Right of redemption. If decedent diet, but bement, the die after ver fore judg judgment not a lien on estate. SEC. 164. If the executor or administrator doubts the correctness of any claim presented to him, he may enter into an agreement, in writing, with the claimant, to refer Executor or the matter in controversy to some disinterested person, to be approved by the probate judge; upon filing the agreement and approval of the probate judge in the office of administrator may arbitrate claim. Arbitrator to hear contro versy and re port to court. the clerk of the district court for the county in which the letters testamentary or of administration were granted, the clerk must, either in vacation or in term, enter a minute of the order referring the matter in controversy to the person so selected; or, if the parties consent, a reference may be had to the probate court, and the report of the referee, if confirmed, establishes or rejects the claim the same as if it had been allowed or rejected by the executor or administrator and the probate judge. SEC. 165. The referee must hear and determine the matter and make his report thereon to the court in which his appointment is entered. The same proceedings shall be had in all respects, and the referee shall have the same powers, be entitled to the same compensation, and subject to the same control, as in other cases of reference. The court may remove the referee, appoint another in his place, set aside or confirm his report, and adjudge Court may costs, as in actions against executors or administrators, and the judgment of the court thereon shall be as valid and effectual in all respects as if the same had been rendered in a suit commenced by ordinary process. appoint new arbitrator. executor or SEC. 166. When a judgment is recovered with costs against any executor or administrator, he shall be indiLiability of vidually liable for such costs; but they must be allowed administra him in his administration accounts, unless it appears that the suit or proceeding in which the costs were taxed was prosecuted or defended without just cause. tor for costs. SEC. 167. If the executor or administrator is a cred itor of the decedent, his claim, duly authenticated by affidavits, must be presented for allowance or rejection to the probate judge, and its allowance by the judge is sufficient evidence of its correctness, and it must be paid as other claims, in due course of administration. If, however, the probate judge rejects the claim, action thereon may be had against the estate by the claimant, and summons must be served upon the probate judge, who may appoint an attorney at the expense of the estate to defend the action. If the claimant recovers no |