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perty so taken or received, and for all damages, caused by his acts, to the estate of the deceased.

§ 999. The next of kin of a deceased person are liable to an action by a creditor of the estate, to recover the distributive shares, received out of such estate, or so much thereof, as may be necessary to satisfy his debt. The action may be against all the next of kin jointly, or against any one or more of them severally.

§ 1000. In such action, the plaintiff may recover the value of all the assets received by all the defendants in the action, if necessary to satisfy his demand; and the amount of the recovery must be apportioned among the defendants, in proportion to the value of the assets received by each; and no allowance or deduction can be made from such amount, on account of there being other relatives to whom assets have also been delivered.

§ 1001. Any one of the next of kin, against whom a recovery is had pursuant to the last section, may maintain an action against all the other relatives of the testator, to whom any such assets have been paid, jointly, or against any of them separately, for a just and equal contribution, and may recover of cach defendant such an amount as shall be in the same proportion to the whole sum collected of the plaintiff, as the value of the assets delivered to such defendant bore to the value of all the assets delivered to all the relatives of the deceased.

§ 1002. Legatees are liable to an action by a creditor of the testator to recover the value of any legacy received by them. The action may be brought against all or only one of the legatees. In such action the plaintiff cannot recover unless he shows:

1. That no assets were delivered by the executor or administrator of the deceased, to his next of kin or

2. That the value of such assets has been recovered by some other creditor: or

3. That such assets are not sufficient to satisfy the demand of the plaintiff:

And in the last case, he can recover only the deficiency. The whole amount which the plaintiff can recover, must be apportioned among all the legatees of the testator, in proportion to the amounts of their legacies respectively, and his proportion can only be recovered of each legatee.

§ 1003. If an action be brought against several next of kin of jointly, or against several legatees jointly, for assets delivered to them, and a recovery be had against them, the costs of such action must be apportioned among the several defendants, in proportion to the amount of the debt or damages recovered against each of them.

§ 1004. In case of a judgment against several next of kin of a testator, or against several legatees, the payment or satisfaction of the amount recovered

against any one of the defendants, discharges such defendant, and exonerates him and his property from the judgment.

§ 1005. Heirs and devisees are liable to an action by a creditor of a deceased person, to recover the debt, to the extent of the value of any real property inherited by, or devised to, them. If such action be against the heirs, all the heirs who may be liable must be made parties to the action.

§ 1006. But the heirs are not liable for the debt, unless it appear that the personal assets of the deceased were not sufficient to discharge it, or that after due proceedings before the proper surrogate's court, the creditor has been unable to collect the debt, from the personal representatives of the deceased, or from his next of kin or legatees. If the personal assets were sufficient to pay a part of the debt, or in case a part thereof shall have been collected, as mentioned, in the last section the heirs of such deceased person are liable for the residue.

§ 1007. But the last section does not affect the liability of heirs for a debt of their ancestor, where such debt was, by his will, expressly charged exclusively on the real property descended to such heirs, or where such debt is by the will expressly directed to be paid out of the real property descended, before resorting to the personal property.

§ 1008. In cases where the next of kin, legatees, heirs, and devisees are liable for the debts of their ancestors, as herein provided, they must give preference in the payment of the same, and are liable therefor, in the following order:

1. Debts entitled to a preference under the laws of the United States:

2. Judgments against the ancestor or testator according to the priority thereof respectively:

3. Recognizances, bonds, sealed instruments, notes, bills, and unliquidated demands and accounts.

§ 1009. No preference can be given by any next of kin, legatee, heir or devisee, to one debt over another of the same class, except one specified in the second subdivision of the last section; nor is a debt, due and payable, entitled to a preference over a debt not due ; nor does the commencement of an action against any next of kin, legatee, heir or devisee, for the recovery of a debt, entitle it to a preference over others of the same class.

§ 1010. The next of kin, legatees, heirs and devisees, may show that there are debts of a prior class unsatisfied; or that there are unpaid debts of the same class with that on which the action is brought; and if it appear, that the value of the personal property delivered to them, or of the real estate descended or devised to them, does not exceed the debts of a prior class, judgment must be rendered in their favor.

§ 1011. If the personal property delivered to such next of kin or legatees, or if the real estate descended or devised to such heirs and devisees, exceed the amount of debts which are entitled to a preference over the debt for which the action is brought, judg ment must be rendered against them only for such a sum as shall be a just proportion to the other debts, of the same class with that on which the action is brought.

§ 1012. If a debt of a class prior to that on which the action is brought, or of the same class, shall have been paid by any next of kin, legatees, heirs or devisees, they may prove such payment, and the amount of the debts so paid must be estimated in ascertaining the amount to be recovered, in the same manner as if such debts were outstanding and unpaid, as prescribed in the last two sections.

§ 1013. If it appear that the real property so descended, was not aliened by the heir, at the time of the commencement of the action, or if the heir confess the claim, and show what real property has descended to him, the court must order that the debt of the plaintiff, or the proportion thereof which he is entitled to recover, be levied of the real property so descended, and not otherwise; and every judgment rendered in such action has preference, as a lien on the real property descended, to any judgment obtained against such heir personally, for a debt or demand in his own right.

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