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Commissioners to examine and ad

to be appointed.

Chapter Seventy-Two of Revised Statutes of 1846.

(2916.) SECTION 1. When letters testamentary or of adminjust claims, when istration shall be granted by the Judge of any Court of Probate, such Judge may in his discretion, or upon the written application of the executor or Administrator, appoint two or more suitable persons to be Commissioners, to receive, examine and adjust all claims and demands of all persons against the deceased, except in the following cases:

Commissioners to appoint time and

and give notice.

1. When it shall appear that there are no debts existing against such deceased person;

2. When the value of the whole estate, exclusive of the furniture and other personal property, allowed to the widow, shall not exceed one hundred and fifty dollars, and shall be assigned for the support of the widow and children, as provided by law, in which case such assignment shall be deemed a full and final administration, and bar to all claims. against the estate. (a)

(2917.) SEC. 2. When such Commissioners shall be appointed, place of meeting, it shall be their duty to appoint convenient times and places when and where they will meet, for the purpose of examining and allowing the claims; and within sixty days after their appointment, they shall give notice of the times and places of their meeting, and of the time limited for creditors to present their claims, by posting a notice thereof in four public places in the same county, and by publishing the same at least four weeks successively in some newspaper printed in this State, or in any other manner that the Court may direct.

Judge of Probate to designate pa

(2918.) SEC. 3. The Judge of Probate, in the commission per in which no issued to the Commissioners, shall designate the paper in which lished, etc. such notice shall be published, and the number of places in

tice to be pub

(a) As Amended by Act 190 of 1850. Laws of 1850, p. 190.

the several townships in which it shall be required to be posted, and any other mode of notifying which he may deem necessary and proper.

sioner shall die,

point another in

(2919.) SEC. 4. If any Commissioner, appointed by the when Commi■Probate Court, shall at any time die, remove out of the State, etc., Court to ap refuse, or become in any other way incapacitated to perform his place. the duties of his appointment, the Court may appoint another Commissioner in his place; and no further notice of the meetings of the Commissioners shall be required, in consequence of such appointment.

presenting

(2920.) SEC. 5. The Probate Court shall allow such time as Time allowed for the circumstances of the case shall require, for the creditors claims. to present their claims to the Commissioners for examination and allowance, which time shall not, in the first instance, exceed eighteen months, nor be less than six months; and the time allowed shall be stated in the commission.

tended not ex

years.

(2921.) SEC. 6. The Probate Court may extend the time Time may be ex allowed to creditors to present their claims, as the circum-ceeding two stances of the case may require; but not so that the whole time shall exceed two years from the time of appointing such Commissioners.

Probate may re

in case of failure

sent claim.

(2922.) SEC. 7. On the application of a creditor who has when Judge of failed to present his claim, if made at any time before the new Commission estate is closed, the Judge of Probate may revive the of creditor to pre commission, and allow further time, not exceeding three months, for the Commissioners to examine such claim; in which case the Commissioners shall cause personally to be notified the parties of the time and place of hearing, and as soon as may be, make return of their doings to the Probate Court: Provided, That all costs and charges resulting from such application and the proceedings thereon, had in the Probate Court, shall be paid by the party making the application. (b) (2923.) SEC. 8. In the case mentioned in the preceding When Court may section, if the Judge of Probate shall think proper, just claim. instead of renewing the commission, he may appoint a time and place for examination and adjustment of such claim, before himself, and cause personal notice thereof to be given to the parties; and in that case, he shall proceed to examine and adjust such claim, in like manner as the same might have been done by such Commissioners.

examine and ad

(b) As Amended by "An Act to Amend Section Seven, of Chapter Seventy-Two, of the Revised Statutes." Approved February 14, 1853; Laws of 1853, p. 179.

Set-offs.

Commissioners to

be sworn, and

oaths.

(2924.) SEC. 9. When a creditor against whom the deceased had claims, shall present a claim to the Commissioners, the executor or Administrator shall exhibit the claims of the deceased in offset to the claims of the creditor, and the Commissioners shall ascertain and allow the balance against or in favor of the estate, as they shall find the same to be; but no claim barred by the statute of limitations, shall be allowed by the Commissioners in favor of or against the estate, as a set-off or otherwise.

(2925.) SEC. 10. The Commissioners shall be sworn to the may administer faithful discharge of their duties, and any one of them shall be authorized to administer oaths to parties and witnesses, when the same shall be required or proper for the investigation and trial of questions before them.

Report of Commissioners.

What claims
Commissioners

cide, etc.

(2926.) SEC. 11. At the expiration of the time limited, or as soon thereafter as they shall have time to complete the hearing of the claims presented, the Commissioners shall make a report of their doings to the Probate Court, embracing lists of the claims presented, or exhibited in offset, and stating how much was allowed, and how much disallowed, together with the final balance, whether in favor of the creditor or the estate; and the report shall state particularly the manner of giving notice to the claimants.

(2927.) SEC. 12. The Commissioners shall have power to may try and de try and decide upon all claims, which by law survive against or in favor of executors and Administrators, except claims for the possession or title of real estate; and may examine and allow all demands, at their then present value, which may be payable at a future day, including claims payable in specific articles, and may offset such demands in the same manner in favor of the estate.

Debts payable at future day.

Persons failing to
present claims to
be barred.
See Sec. 2976.

(2928.) SEC. 13. Nothing in the preceding section shall be construed to prevent any executor or Administrator from paying any debt which shall be payable at a future day, according to the terms, and at the time specified in the contract.

(2929.) SEC. 14. Every person having a claim against a deceased person, proper to be allowed by the Commissioners, who shall not, after the publication of notice as required in the second section of this chapter, exhibit his claim to the Commissioners within the time limited by the Court for that purpose, shall be forever barred from recovering such demand, or from setting off the same in any action whatever.

commenced

or Administrator,

ment, etc.

(2930.) SEC. 15. When Commissioners shall be appointed, No suit to be as provided in this chapter, for examining and allowing claims against Executor against any estate, no action shall be commenced against the except eject executor or Administrator, except actions of ejectment, or other actions to recover the seizin or possession of real estate, and actions of replevin, nor shall any attachment or execution be issued against the estate of the deceased, until the expiration of the time limited by the Court for the payment of debts.

to be prosecuted judgment to be

(2931.) SEC. 16. All actions and suits which may be pending Actions pending against a deceased person at the time of his death, may, if the to judgment, and cause of action survives, be prosecuted to final judgment, and certified, etc. the executor or Administrator may be admitted to defend the same, and if judgment shall be rendered against the executor or Administrator, the Court reudering it shall certify the same to the Probate Court, and the amount thereof shall be paid in the same manner as other claims duly allowed against the estate.

ministrator not

bringing suits.

(2932.) SEC. 17. Nothing in this chapter shall be construed Executor or Adto prevent an executor or Administrator, when he shall think prevented from it necessary, from commencing and prosecuting any action against any other person, or from prosecuting any action commenced by the deceased in his lifetime, for the recovery of any debt or claim, to final judgment, or from having execution on any judgment.

Executors, etc.

(2933.) SEC. 18. In such case, the defendant may set off any Set-offs in suits by claim he may have against the deceased, instead of presenting it to the Commissioners, and all mutual claims may be set off in such action; and if final judgment shall be rendered in favor of the defendant, the same shall be certified by the Court rendering it to the Probate Court, and the judgment shall be considered the true balance.

(2934.) SEC. 19. When two or more persons shall be indebted Joint contract. on any joint contract, or upon a judgment founded on a joint 2 Mich. Rep., 105 contract, and either of them shall die, his estate shall be liable therefor, and it may be allowed by the Commissioners, as if the contract had been joint and several, or as if the judgment had been against him alone, and the other parties to such joint contract may be compelled to contribute or to pay the same, if they would have been liable to do so upon payment thereof by the deceased.

OF APPEALS FROM THE DECISION OF COMMISSIONERS.

Appeal, how made.

See Sec. 2976.

Bond to be given

by claimant on appeal.

2 Mich. Rep., 337.

Cases in which appeal may be allowed.

Notice of appeal

and of hearing.

Party appealing to procure and

cord.

(2935.) SEc. 20. Any executor, Administrator or creditor, may appeal from the decision and report of the Commissioners, to the Circuit Court for the same county, if application for such appeal be made in writing, filed in the Probate Office within sixty days after the returning of the report of the Commissioners.

(2936.) SEC. 21. In case of an appeal by a claimant against the estate, he shall, within the time aforesaid, and before such appeal shall be allowed, give a bond to the adverse party, with sufficient surety to be approved by the Judge of Probate, and filed in his office, with a condition that he shall prosecute his appeal to effect, and pay all damages and costs which may be awarded against him on such appeal.

(2937.) SEC. 22. No appeal shall be allowed from the decision and report of the Commissioners, except in the following cases:

1. When such Commissioners shall disallow any claim in favor of any creditor or of the estate, in whole or in part, to the amount of twenty dollars;

2. When the Commissioners shall allow any claim, in whole or in part, and the sum allowed, being objected to, shall amount to twenty dollars; in either of which cases the aggrieved party may appeal.

(2938.) SEC. 23. In all cases of appeal from the decision of the Commissioners, the person appealing shall give notice of such appeal, and of the hearing thereof in the Circuit Court, in such manner as the Judge of Probate shall direct, at least twelve days before the next term thereof after the appeal is allowed, if there shall be so many days; and if not, as soon as may be.

(2939.) SEC. 24. The party appealing shall procure and file file copy of re- in the Circuit Court to which the appeal is taken, at or before the next term of such Court after the appeal is allowed, a certified copy of the record of the allowance or disallowance appealed from, of the application for the appeal and the allowance of the same, together with the proper evidence that notice has been given to the adverse party according to the order of the Probate Court.

Trial of appeal.

(2940.) SEC. 25. When such certified copy shall have been filed in the Circuit Court, such Court shall proceed to the

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