full discharge from the debts above described, under the provisions of this chapter, such debtor may show to the court of probate, by proper documentary and other satisfactory evidence, the amount of the net proceeds that may reasonably be expected from such estate so in settlement in other states; and if the court shall be satisfied that such estate will pay enough, in addition to the amount actually paid by the estate in settlement in said court of probate, to make in the whole the sum of seventy-five per cent. upon the claims allowed against said estate, such court shall grant such full and final discharge in the same manner as if said estate had actually paid the sum of seventy per cent. upon said claims. SECT. 133. The certificate of discharge, granted by the judge of Form of certifi the court of probate, under the provisions of the next preceding sec- cate of discharge. tion of this act, shall be in substance as follows: State of Connecticut, District of To all people to whom these presents shall come, I, A. B., judge of probate of the said district of send greeting:Whereas, it has been made to appear to me, that C. D., of in the probate district of and county of whose estate has been settled in this court as an insolvent estate, for the benefit of creditors, has, in all respects conformed to law, and has become entitled to all the benefits intended to be secured by the laws of this state to honest but unfortunate debtors, and to a full and absolute discharge from all debts proved against his estate, except as below excepted: I do accordingly certify that the said C. D., by virtue of the statute laws of this state, is absolutely and wholly discharged from all his debts, founded on contract, which have been proved against his said estate, except such as may have accrued against him by reason of any breach of trust, or fraud, of him the said C. D., and that the property of the said C. D. is, for the space of two years from this date, exempt from all legal process, founded on any claim by contract, that might have been proved against said estate, except such as may have accrued by reason of any breach of trust, or fraud, of him the said C. D. Given under my hand, and the seal of said court, this SECT. 134. day of release partner, No discharge of any debtor under this act shall Discharge not to release or discharge any person, who may be liable for the same debt, as a partner, joint contractor, drawer, indorser, surety, guarantor, or otherwise, for or with such debtor, nor shall any such dis- Nor to avail if obcharge avail such debtor, or be of any effect, where such discharge shall have been obtained by the false swearing, or other fraud, of such debtor. SECT. 135. The court of probate shall direct the payment of debts, against the estate of an insolvent debtor, to be made in the following order, to wit; first, the expenses of executing the trust, and settling the estate; secondly, all lawful taxes, and all debts due to the state; thirdly, such debts of the creditors, as allowed by the commissioners, as are to be paid in full; and lastly, the debts of the several creditors in proportion to their respective amounts.* tained by fraud. Order of payment of debts. SECT. 136. The trustee of any insolvent estate may bring any Suits by trustee. suit that may be necessary in the settlement of said estate, upon Court of probate may make equitable preferences between different classes of credi tors. Ashmead's appeal, 27 C. R. 241. In what district any contract, book account, or claim of any kind, belonging to said estate, and accruing to him in his right as trustee, in his own name, as such trustee, whether such contract, account, or claim, stands in the name of such debtor, or of any other person; and said trustee may, under the direction of the court of probate, submit to arbitration in the usual form, or compound and settle, any doubtful or disputed claim in favor of said estate, and any such claim against said estate, that would not properly be presented to the commissioners thereon.* SECT. 137. All proceedings for the settlement of the estate of an proceedings to be insolvent debtor, shall be had in the probate court of the district in which such debtor, or one of such debtors, resides, except in the case of copartnerships and corporations; and all proceedings, with regard to the estates of insolvent copartnerships and corporations, shall be had in the probate court of the district, within which such copartnership, or corporation, had its office, or principal place of business.t Who are meant by debtor, &c. SECT. 138. The provisions of this chapter with regard to any debtor, creditor, or trustee, shall extend to the case of any joint debtors, joint creditors, or joint trustees; and any number of credi tors, whether joint or otherwise, may unite in any application to the court of probate, or in any appeal under this chapter. CHAPTER VI. OF CERTAIN GENERAL PROVISIONS RESPECTING THE SETTLEMENT OF ESTATES. Bonds, to whom SECT. 139. All bonds, required by law to be given to the judge of taken, if judge is probate and his successors in office, shall, whenever said judge is disqualified or incapacitated to act, or whenever in any district the office of said judge is vacant, be taken to the judge of an adjoining district. disqualified, or the office is vacant. 1848. in whose name SECT. 140. All suits on bonds, given to the judge of probate, shall Suits on bonds, be instituted in the name of the judge to whom they are taken, or instituted. in the name of his successor, or in case they cannot be legally insti tuted in the name of such judge, then in the name of the judge by law substituted in his place. 1858. ment of estates, SECT. 141. Whenever, in the settlement of any estate, public Notices in settle notice is required to be given, either by the provisions of this act, or by order of the court of probate, to persons interested in such estate, by advertising in some newspaper, such notice shall be published in a newspaper, printed in the county where such court how given. *Purchaser of chose in action may bring suit in the name of trustee. Hart v. Stone, 30 C. R. 94. Act of 1858 transfers to the trustee a legal title to all choses in action of the insolvent, owned by him at time of insolvency. Stanton v. Lewis, 26 C. R. 444. Where principal place of business of a partnership is in one district, and the resi dence of a partner in another, estate of the latter should be settled in the district of his residence, and the former where its principal place of business is situated. Coggill v. Botsford, 29 C. R. 439. of probate is held, or in any other county in this state, as said court shall direct, having a circulation in the probate district, to which the settlement of said estate appertains. ting orders of to make returns, SECT. 142. Whenever any order of a court of probate shall re- 1833. quire any public notice to be given, either by advertisement or other- Persons execuwise, or shall require any act to be done under the same, the person courts of probate to whom the order is given, shall make return to the court of pro- &c. bate, and exhibit to said court satisfactory evidence that the order has been complied with, and such court shall thereupon cause a record of the return to be made, which record shall be prima facie evidence of the facts stated in it with reference to such compliance, but may be shown to be false by any other evidence. 1864. Creditors secur or otherwise, en SECT. 143. If any creditor, who may have any security for his 1962. claim against the insolvent estate of a deceased person, or the estate ed by mortgage, of an insolvent debtor, by mortgage or otherwise, upon any prop- titled to what erty belonging to such estate, wherever situated, shall present such dividend. claim to the commissioners on such estate, said commissioners shall inquire into the cash value of such security, and report the same to the court of probate of the district in which such estate is in settlement; and unless such creditor shall elect to relinquish such security, he shall be entitled to a dividend from such estate only upon the excess of such claim above the value of such security, but no lien by attachment upon the estate of a deceased person, by reason of any thing herein contained, shall continue thereon beyond the time of his death.* of commission ers. SECT. 144. Whenever any person shall be aggrieved by the do- Review of doings ings of the commissioners, in allowing or rejecting a claim against an insolvent estate, whether of a deceased person, or of an insolvent debtor, and the matter in demand shall exceed the sum of thirty dollars, and shall not exceed the sum of seventy dollars, such aggrieved person may, within fifteen days after the report of commissioners is returned into court, file his motion praying for a review of such claim, and thereupon the judge of probate, with a county commissioner and a justice of the peace, in the county, shall, as speedily as may be, hear the parties, and according to the justice of the case, render judgment to establish, reject, or correct, such report, so far as it regards such claim; and the court of probate, in proceeding upon such estate, shall conform to such judgment, and from such judgment there shall be no appeal; and no executor, administrator, or trustee, of an insolvent estate, shall in any other manner contest the validity of any such claim against an insolvent estate, allowed or rejected as aforesaid; but such aggrieved person shall, at the time of filing his motion, give sufficient security, to the satisfaction of the court of probate, that he will pay to such judge, county commissioner, and justice of the peace, for their services, at the rate of two dollars per day, to each, and the fees of travel as established by law, if, on the hearing, he shall fail to obtain a judgment in his favor on a claim rejected by the commissioners, or a judgment for a greater amount than that allowed by them. If the said claimant, on said hearing, shall obtain a judgment in his favor on a claim rejected by the commissioners, or a judgment for a greater sum than that allowed by them, then the judge of probate, * Before the enactment of a portion of this section in 1862, the provisions of the 19th section of the act of 1853 for the settlement of the estates of insolvent debtors did not apply to real estate situated out of this state. Mechanics' and Farmers' Bank Appeal, 31 C. R. 63. 1888. cision of commis sioners. county commissioner, and justice of the peace, reviewing the claim, shall be paid, at the same rate, by the executor, administrator, or trustee, out of the insolvent estate. SECT. 145. Whenever any person shall be aggrieved by the doings Appeal from de- of the commissioners in allowing or rejecting a claim upon an insolvent estate, whether of a deceased person, or of an insolvent debtor, and the matter in demand shall exceed the sum of seventy dollars, such aggrieved person may, within fifteen days after the report of commissioners is returned into court, appeal to the next superior court to be holden in the county in which the probate district, or any part thereof, in which said estate is in settlement, is situated; but the party appealing shall give sufficient bond, with surety, to the satisfaction of the court of probate, payable to the judge of probate and his successors in office, to prosecute the appeal to effect, and answer all damages, if he make not his plea good. The trial in said superior court of any issue in fact, found by the pleadings of the parties to said appeal, shall, at the request of either party, be by jury.* 1856. Notice to be given to creditor, of claims, &c. SECT. 146. Whenever any claims shall be disallowed, either in whole or in part, by the commissioners on any insolvent estate, the of disallowance executor, administrator, or trustee, of such estate, shall cause notice of such disallowance to be given to the creditor, whose claim may have been disallowed as aforesaid, and who resides without the probate district where said estate is in settlement, in such manner as the court of probate shall direct, and within six days after the report of said commissioners is returned into said court; and such creditor, whose claim shall have been disallowed as aforesaid, may file a motion for a review of the doings of commissioners, or may appeal therefrom, within twenty-six days after the return of the report of said commissioners to said court of probate, which review or appeal shall be had, and proceeded with, respectively, in the manner provided in the two preceding sections of this act. 1844. the nature of may appoint auditors. SECT. 147. If the claim, on which such appeal shall be taken to If the claim bo of the superior court, be of such nature that an action of book debt book debt, court might be instituted to recover it, the said court shall have power to appoint not more than three able, judicious, and disinterested men to audit and adjust said claim, who shall have the same power, and be sworn, and proceed in the same manner, as auditors in the action of book debt; and their report being returned into court, the appropriate judgment shall be rendered in pursuance thereof. 1881. sioner is pre SECT. 148. Whenever one or more of such commissioners shall, If any commis- by reason of death, absence, sickness, or inevitable accident, be prevented from act-vented from completing the duties of his or their appointment, the ing, the others remaining commissioner or commissioners shall be competent to perform all the duties of the commission, in like manner as all the commissioners might have done, and within the period first limited. may act. 1864. sioners cannot SECT. 149. Whenever a court of probate, in the settlement of an If two commis- insolvent estate of a deceased person, or of an insolvent debtor, agree, the court shall appoint two commissioners to receive and decide upon the claims of probate may of the creditors of said estate, and said commissioners shall be unappoint a third. able to agree upon the allowance or rejection of any particular claim, or claims, duly presented to them, such court of probate shall ap * By appeal, the report of commissioners is superseded, and the whole claim exhibited to commissioners, but without additions, is open for examination by superior court. Fourth Ecclesiastical Society v. Mather, 15 C. R. 587. 1848. Court may remove commis vacancies. point a third commissioner to examine and decide upon said claims with the other two commissioners; and said three commissioners shall, as soon after such appointment as can reasonably be done, proceed to hear, examine and decide upon such claim or claims, and make their report thereof to the court of probate, and in such case the report of two of said commissioners may be accepted by the court of probate, as to the allowance or rejection of said claims. SECT. 150. The court of probate may fill any vacancy in the 1828. office of commissioner, upon any insolvent estate, which shall happen by death or otherwise, and may remove any such commissioner sioners, and fill for just cause, and appoint another commissioner in his stead, due notice to all persons interested in the estate having been first given. 1841. SECT. 151. No commissioner, appointed to receive and decide Commissioners upon the claims against any such estate, shall be disqualified by not disqualified reason of any relationship by blood or marriage, or by reason of the by relationship. relation of landlord and tenant, existing between him and any per- tion is made at time of appointson interested in the estate, if no objection be made, on that account, ment, &c. at the time of his appointment, by some person claiming to be interested in the estate; but the court of probate shall remove any commissioner found to be within the degree of relationship, by blood or marriage, to any person interested in the estate, which, by the act relating to courts, constitutes a legal disqualification of a judge, upon the application of any person claiming to be interested in the estate, made at any time before the time limited for the exhibition of claims shall have expired. &c., unless objec SECT. 152. If such relationship shall not be discovered by such When commissioners may be claimant, until after the expiration of the time limited for the exhi- removed before bition of claims, application for the removal of such commissioner acceptance of remay be made to the court of probate at any time before the acceptance of the commissioners' report. port. court must ap SECT. 153. If any commissioner shall be so removed, the court If a commissionof probate shall appoint another commissioner in his stead, who, be- er is so removed, ing duly sworn, shall, with the remaining commissioner or commis- point another. sioners, give due notice of the times and places of their meetings, as the court shall prescribe, and shall proceed to examine and allow such claims only as shall have been exhibited to the commissioners within the time limited for the exhibition of claims against the estate. and act of com be void, but may SECT. 154. Whenever any commissioner or commissioners, upon Appointment any such estate, shall for any reason be legally disqualified to act, missioners disthe appointment and proceedings of such commissioner or commis- qualified, not to sioners shall not, by reason of such disqualification, be deemed be set aside, &c. void, but may be set aside by the court of probate, at any time before the acceptance of the report of such commissioner or commissioners, and shall be subject to appeal on the part of any person aggrieved. cepted by the ed from, valid. SECT. 155. Whenever the doings of any commissioner or com- Doings of commissioners, disqualified as aforesaid, shall have been returned to the missioners, accourt of probate, and accepted by said court without objection, and court and not set no proceedings shall have been had for setting the same aside, and aside, nor appealthe time limited by law for appealing therefrom shall have elapsed, without appeal, such doings shall not, by reason of such disqualification, be void, but shall be deemed valid to the same extent as they would be if such disqualification had not existed. Appeal from de SECT. 156. If any person shall be aggrieved by any order, denial, Aees of courts of or decree of a court of probate in the settlement of any estate, such probate. |