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ation 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 a claim be payable in a particular kind of money or currency, it shall, if allowed, be payable only in such money or currency.

Every claim allowed by the executor or administrator, and approved by the probate Judge, or a copy thereof, must, within thirty days thereafter, be filed in the Probate Court.

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 be 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 state its loss or destruction. Book accounts should be made out in detail, and attached to the affidavit in proof of claim. 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, it is sufficient tɔ describe the mortgage or lien, and refer to the date, volume, and page of its record. A judgment for the recovery of money must be presented to the executor or administrator like any other claim. A rejected claim must be sued for within three months from date of its rejection, if it be then due, or within two months after it becomes due; otherwise the claim is forever barred.

Claims barred by the statute of limitation must not be allowed. No holder of any claim against an estate shall maintain any action thereon, unless the claim is first presented to the executor or administrator.

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 the due course of administration.

A judgment rendered against an executor or administrator, upon any claim for money against the estate, only establishes

the claim in the same manner as if it had been duly allowed, and the judgment must be that the executor or administrator pay, in due course of administration, the amount ascertained to be due. A certified copy of the judgment must be filed in the Probate Court. No execution must issue upon such judgment, and no lien is created.

Every executor or administrator must render a full account and a report of his administration at the expiration of one year from the time of his appointment.

Upon the settlement of the accounts at the end of the year as required, the Court must make an order for the payment of the debts, as the circumstances of the estate require.

The debts of the estate must be paid in the following order:

1. Funeral expenses.

2. The expenses of the last sickness.

3. Debts having preference by the laws of the United States.

4. Judgments rendered against the decedent in his lifetime, and mortgages in the order of their date.

5. All other demands against the estate.

The preference given to a mortgage only extends to the proceeds of the property mortgaged. If there is a deficiency it must be classed with the other demands against the estate.

CHAPTER XIV.

SUCCESSION.

Succession is the coming in of another to take the property of one who dies without disposing of it by will.

The property, both real and personal, of one who dies without disposing of it by will, passes to the heirs of the intestate, subject to the control of the Probate Court, and to the possession of any administrator appointed by that Court for the purposes of administration.

When any person having title to any estate not otherwise limited by marriage contract, dies without disposing of the estate by will, it is succeeded to and must be distributed, unless otherwise expressly provided in this Code, subject to the payment of his debts in the following manner:

1. If the decedent leave a surviving husband or wife, and only one child, or the lawful issue of one child, in equal shares to the surviving husband, or wife and child, or issue of such child. If the decedent leave a surviving husband or wife, and more than one child living, or one child living and the lawful issue of one or more deceased children, one-third to the surviving husband or wife, and the remainder in equal shares to his children, and to the lawful issue of any deceased child, by right of representation; but if there be no child of the decedent living at his death, the remainder goes to all of his lineal descendants; and if all of the descendants are in the same degree of kindred to the decedent, they share equally, otherwise they take according to the right of representation. If the decedent leave no surviving husband or wife, but leave issue, the whole estate goes to such issue; and if such issue consists of more than one child living, and the lawful issue of one or more deceased children, then the estate goes in equal shares, to the children living, or to the child living, and the issue of the deceased child or children by right of representation.

2. If the decedent leave no issue, the estate goes, one-half to the surviving husband or wife and the other half to the decedent's father and mother in equal shares, and if either be dead, the whole of said half goes to the other; if there be no father or mother, one-half goes in equal shares to the brothers and sisters of the decedent, and to the children of any deceased brother or sister by right of representation. If the decedent leave no issue, nor husband, nor wife, the estate must go to his father and mother, in equal shares, or if either be dead, then to the other.

3. If there be neither issue, husband, wife, father, nor mother, then in equal shares to the brothers and sisters of the decedent, and to the children of any deceased brother or sister by right of representation.

4. If the decedent leaves a surviving husband or wife, and neither issue, father, mother, brother, nor sister, the whole estate goes to the surviving husband or wife.

5. If the decedent leave neither issue, husband, wife, father, mother, brother, nor sister, the estate must go to the next of kin in equal degree, excepting that when there are two or more collateral kindred in equal degree, but claiming through different ancestors, those who claim through the nearest ancestors must be preferred to those claiming through an ancestor more remote.

6. If the decedent leave several children, or one child, and the issue of one or more children, and any such surviving child dies under age, and not having been married, all the estate that came to the deceased child by inheritance from such decedent descends in equal shares to the other children of the same parent, and to the issue of any such other children who are dead, by right of representation.

7. If at the death of such child, who dies under age, not having been married, all the other children of his parents are also dead, and any of them have left issue, the estate that came to such child by inheritance from his parents descends to the issue of all other children of the same parent; and if all the issues are in the same degree of kindred to the child, they share the estate equally, otherwise they take according to the right of representation.

8. If the decedent be a widow or widower, and leave no kindred, and the estate, or any portion thereof, was common property of such decedent, and his or her deceased spouse, while such spouse was living, such common property shall go to the father of such deceased spouse, or if he be dead to the mother. If there be no father nor mother, then such property shall go to the brothers and sisters of such deceased spouse in equal shares, and to the lawful issue of any deceased brother or sister of such deceased spouse, by right of representation.

9. If the decedent leave no husband, wife or kindred, and there be no heirs to take his estate, or any portion thereof, under subdivision eight of this section, the same shall be paid into the Territorial Treasury for the support of common schools.

The above provisions, as to the inheritance of the husband and wife from each other, apply only to the separate property of the decedents.

Upon the death of the wife, the entire community property, without administration, belongs to the surviving husband, except such portion thereof as may have been set apart to her by judicial decree, for her support and maintenance, which portion is subject to her testamentary disposition, and in the absence of such disposition goes to her descendents or heirs, exclusive of her husband.

Upon the death of the husband, one-half of the community property goes to the surviving wife, and the other half is subject to the testamentary disposition of the husband, and in the absence of such disposition goes to his descendants, equally, if such descendants are in the same degree of kindred to the decedent; otherwise, according to the right of representation; and in the absence of both such dispositions, and such descendants, is subject to distribution in the same manner as the separate property of the husband. In case of the dissolution of the community by the death of the husband, the entire community property is equally subject to his debts, the family allowance, and the charges and expenses of administration.

Every illegitimate child is an heir of the person who, in writing, signed in the presence of a competent witness, acknowledges himself to be the father of such child; and in all cases is an heir of his mother, and inherits his or her estate, in whole. or in part, as the case may be, in the same manner as if he had been born in lawful wedlock; but he does not represent his father or mother by inheriting any part of the estate of his or her kindred, either lineal or collateral, unless, before his death, his parents shall have inter-married, and his father, after such marriage, acknowledges him as his child, or adopts him into his family, in which case such child and all the legitimate children are considered brothers and sisters, and on the death of either of them intestate, and without issue, the others inherit his estate, and are heirs as herein before provided, in like manner as if all the children had been legitimate; saving to the father and mother respectively their rights in the estates of all

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