« 이전계속 »
§ 1775. Effect of conveyance or transfer
Every conveyance or transfer made in pursuance of a decree as provided by this subchapter, passes title to the property contracted for, as fully as if the contracting party himself was still living, and executed the conveyance or transfer. 8 1776. Effect of recording copy of order
A copy of a decree for a conveyance or transfer as provided in this subchapter, certified and recorded in the office of the registrar of property, gives the person entitled to the conveyance or transfer a right to the possession of the property contracted for, and to hold the property according to the terms of the intended conveyance or transfer, in like manner as if the property had been conveyed or transferred in pursuance of the decree. 8 1777. Enforcement of order by other process
The recording of a decree, as provided by section 1776 of this title, does not prevent the court making the decree from enforcing it by other process. § 1778. Death of party entitled to conveyance or transfer
If the person entitled to the conveyance or transfer dies before the commencement of the proceedings there for under this subchapter, or before the completion of the conveyance or transfer, a person entitled to succeed to his rights in the contract, or the executor or administrator of the decedent, may, for the benefit of the person so entitled, commence the proceedings or prosecute any proceedings already commenced, and the conveyance or transfer shall be so made as to vest the property in the person or persons entitled thereto, or in the executor or administrator, for their benefit. 8 1779. Surrender of possession
The decree provided for in this subchapter may direct the possession of the property therein described to be surrendered to the person entitle thereto, upon his producing a certified copy of the decree, when, by the terms of the contract, possession is to be surrendered.
CHAPTER 75—COMPENSATION AND ACCOUNTING
BUBCHAPTER 1-COMMISSIONS AND ALLOWANCES Bec. 1811. Allowance of expenses and compensation; renunciation. 1812. Compensation; apportionment. 1813. Additional compensation for extraordinary services. 1814. Invalidity of contracts for higher compensation. 1815. Allowance upon commissions.
SUBCHAPTER II-ATTORNEYS' FEES 1831. Attorneys' fees for ordinary or extraordinary services. 1832. Allowance to attorney upon fees.
BUBCHAPTER II—RENDERING OF EXHIBITS AND ACOOUNTS 1851. Charges and credits of executor or administrator. 1852. Accounting required by court; enforcement 1853. Accounting after period for presenting claims; final account; enforce
ment. 1854. Accounting after authority revoked or ceases. 1855. Revocation of letter 1856. Vouchers; production; withdrawal. 1867. Setting day for settlement of account; notice; final settlement. 1858. Exceptions to accounts; hearing; reference. 1859. Jury trial of contested claims. 1860. Debts paid without verified claims. 1861. Fallure to produce vouchers; lost vouchers; expenditures less than $20. 1862. Settlement of account as conclusive. 1863. Proof of notice of settlement of account. 1864. Accounts of deceased executor or administrator.
SUBCHAPTER IV-PAYMENT OF DEBT8, EXPENSES, AND CHARGES
Sec. 1881. Order of payment of debts, expenses, and charges. 1882. Time for payment generally. 1883. Order for payment of debts; dividends; discharge if estate exhausted. 1884. Future, contingent, or disputed claims. 1885. Personal liability after decree for payment; execution. 1886. Claims omitted from account. 1887. Closing or continuing administration after first distribution.
Subchapter I—Commissions and Allowances 8 1811. Allowance of expenses and compensation; renunciation
The executor or administrator shall be allowed all necessary expenses in the care, management, and settlement of the estate, and for his services the compensation provided by this chapter; but when the decedent, by his will, makes other provision for the compensation of the executor, that shall be a full compensation for his services, unless by a written instrument, filed in the court, he renounces all claims for compensation provided for in the will. $ 1812. Compensation; apportionment
(a) The executor, when no compensation is provided by the will or he renounces all claim thereto, or the administrator, shall receive commissions upon the amount of estate accounted for by him, as follows:
(1) first $1,000, at the rate of 7 percent;
(6) all above $500,000, at the rate of 1 percent. (b) When the property of the estate is distributed in kind, and involves no labor beyond its custody and distribution, the commission shall be computed on all the estate above the value of $50,000 at onehalf of the rates fixed in this section.
(c) If there are two or more executors or administrators, the compensation shall be apportioned among them by the court according to the services actually rendered by each.
(d) When the executor or administrator is an attorney, he shall not be allowed to charge against the estate any professional fees, as such, for services rendered by himself. 8 1813. Additional compensation for extraordinary services
Such further allowances may be made as the court deems just and reasonable for any extraordinary services by the executor or administrator, but the total amount of such extra allowances may not exceed one-half of the amount of commissions allowed by section 1812 of this title. $ 1814. Invalidity of contracts for higher compensation
A contract between an executor or an administrator and an heir, devisee, or legatee, for a higher compensation than that allowed by this chapter, is void. 8 1815. Allowance upon commissions
At any time during the administration, and upon such notice to the persons interested in the estate as the court requires, an executor or administrator may apply to the court for an allowance to himself upon his commissions. On the hearing of the application the court shall make an order allowing him such portion of his commissions as the court deems proper. The portion so allowed may be thereupon charged against the estate.
Subchapter II–Attorneys' Fees § 1831. Attorneys' fees for ordinary or extraordinary services
(a) Attorneys for executors and administrators shall be allowed out of the estate as fees for conducting the ordinary probate proceedings such sum as the court deems reasonable which may not be in excess of the amounts allowed by subchapter I of this chapter as compensation for executors and administrators for their own services.
(b) Such further allowance may be made as the court deems just and reasonable for extraordinary services such as sales or mortgages of real estate, contested or litigated claims against the estate, litigation in regard to the property of the estate, and such other litigation as may be necessary for the executor or administrator to prosecute or defend. 8 1832. Allowance to attorney upon fees
At any time during the administration, and upon such notice to the executor or administrator and to the persons interested in the estate as the court requires, an attorney who has rendered services to an executor or administrator may apply to the court for an allowance to himself upon his compensation. On the hearing of the application the court shall make an order requiring the executor or administrator to pay the attorney out of the estate such coinpensation on account of services rendered by the attorney up to the date of the order as the court deems proper, and the payment shall be made forthwith.
Subchapter III—Rendering of Exhibits and Accounts 8 1851. Charges and credits of executor or administrator
(a) Except as provided by this section, an executor or administrator is chargeable in his account with the whole of the estate of the decedent which may come into his possession at the value of the appraisement contained in the inventory, and with all the interest, profit, and income of the estate.
(b) An executor or administrator is not accountable for a debt due to the decedent which remains uncollected without his fault.
(c) An executor or administrator is not liable for the act or negligence of a coexecutor or coadministrator, except for collusion or gross negligence.
(d) An executor or administrator may not make profit by the increase, nor suffer loss by the decrease or destruction without his fault, of any part of the estate. He shall account for the excess when he sells any part of the estate for more than the appraisement, and if any is sold for less than the appraisement, he is not responsible for the loss, if the sale has been justly made. § 1852. Accounting required by court; enforcement
(a) When required by the court, either upon its own motion or upon the application of any person interested in the estate, the executor or administrator shall render and file with the clerk a verified account showing:
(1) the amount of money received and expended by him;
(2) the claims filed or presented against the estate, giving the name of each claimant, the nature of the claim, when it became due or will become due, and whether it was allowed or rejected by him, or not yet acted upon; and
(3) all other matters necessary to show the condition of the estate.
(b) If an executor or administrator neglects or refuses to appear and render an account, after having been duly cited, an attachment may be issued against him and the accounting compelled, or his letters may be revoked, in the discretion of the court. 8 1853. Accounting after period for presenting claims; final ac
count; enforcement (a) Within 30 days after the time to file or present claims against the estate has expired, the executor or administrator shall render a full and verified account and report of his administration, which shall include all the matters referred to in section 1852 of this title.
(b) The executor or administrator shall render a final account, and pray settlement of his administration, when there are sufficient funds in his hands for the payment of all debts and the estate is in a proper condition to be closed.
(c) If an executor or administrator fails to present his account, the court shall compel the accounting by attachment. Any person interested in the estate may apply for and obtain an attachment. An attachment may not issue unless a citation has first been issued, served, and returned, requiring the executor or administrator to appear and show cause why an attachment should not issue. § 1854. Accounting after authority revoked or ceases
When the authority of an executor or administrator ceases or is revoked for any reason, he may be cited to account before the court, at the instance of the person succeeding to the administration of the estate, in like manner as he might have been cited by any person interested in the estate while he was executor or administrator. § 1855. Revocation of letters
If the executor or administrator resides out of the Canal Zone, or absconds, or conceals himself, so that the citation can not be personally served, and neglects to render an account within the time prescribed by this subchapter, or if he neglects to render an account within 30 days after being committed where an attachment has been executed, his letter shall be revoked. 8 1856. Vouchers; production; withdrawal
In rendering his account, the executor or administrator shall produce and file vouchers for all charges, debts, claims, and expenses which he has paid, which shall remain in the court. When a voucher is required for other purposes, it may be withdrawn on leaving a certified copy on file; if a voucher is lost, or for other good reason can not be produced on the settlement, the payment may be proved by the onth of a competent witness. § 1857. Setting day for settlement of account; notice; final
settlement (a) When an account is rendered for settlement, the clerk of the court shall appoint a day for the settlement thereof, and thereupon cause notices to be posted in at least three public places in the Canal Zone, setting forth the name of the estate, the executor or administrator, and the day appointed for the settlement of the account. If, upon the final hearing at the time of settlement, the court deems the notice insufficient from any cause, it may order such further notice to be given as it deems proper.
(b) If the account referred to in subsection (a) of this section is for a final settlement and a petition for the final distribution of the estate is filed with the account, the notice of settlement shall stato those facts, which notice shall be given by posting or publication for at least 10 days prior to the day of settlement. On the settlement of the account, distribution and partition of the estate to all entitled thereto may be immediately had without further notice or proceedings. 8 1858. Exceptions to account; hearing; referees
(a) On the day appointed, or any subsequent day to which the hearing may be postponed by the court, a person interested in the estate may appear and file written exceptions to the account, and contest it.
(b) Upon the hearing, the executor or administrator may be examined on oath touching the account and the property and effects of the decedent, and the disposition thereof.
(c) All matters, including allowed claims not passed upon on the settlement of any former account, or on making a decree of sale, may be contested for cause shown.
(d) The hearing and allegations of the respective parties may be postponed from time to time, when necessary.
(e) The court may appoint one or more masters to examine the accounts, and make report thereon, subject to confirmation; and may allow a reasonable compensation to the masters to be paid out of the estate of the decedent. 8 1859. Jury trial of contested claims
When an allowed claim is contested by any person entitled to contest it, either the contestant or the claimant is entitled to a trial by jury of the issues of fact presented by the contest. At the request of either party, the court shall call a jury and submit the issues to them. After receiving the verdict, the court shall enter an order disposing of the contest in accordance therewith. § 1860. Debts paid without verified claims
If it appears that debts of the decedent have been paid without verified claims having been filed or presented and allowed and approved, and it is proved by competent evidence to the satisfaction of the court that the debts were justly due, were paid in good faith, that the amount paid was the true amount of the indebtedness over and above all payments or setoffs, and that the estate is solvent, the court shall allow the sums so paid in settling the account. § 1861. Failure to produce vouchers; lost vouchers; expendi
tures less than $20 (a) If it appears by the oath to the account, and is proven by competent evidence to the satisfaction of the court, that a voucher for a disbursement has been lost or destroyed; that it is impossible to obtain a duplicate thereof; that the item was paid in good faith and for the best interests of the estate; and that the item was a legal charge against the estate, the executor or administrator shall be allowed the item.
(b) On the settlement of his account, an executor or administrator may be allowed any item of expenditure not exceeding $20, for which & voucher is not produced, if the item is supported by his uncontradicted oath positive to the fact of payment, specifying when, where, and to whom it was made; but such allowances in the whole may not exceed $500 against any one estate. § 1862. Settlement of account as conclusive
The settlement of the account and the allowance thereof by the court, or upon appeal, is conclusive against all persons interested in the estate, saving, however, to all persons laboring under legal disability, the right to move for cause to reopen and examine the account, or to proceed by action against the executor or administrator, either individually or upon his bond, at any time before final distribution; and in an action brought by any such person, the allowance and settlement of the account is prima facie evidence of its correctness.