it provides that a fiduciary who pays away assets 6 months after his letters shall not be answerable for debts not known to him, provided he has published at least 3 months before asking distribution, in lieu of the present time limits of 1 year and of 6 months, respectively (code, sec. 18-526); and the act (bill) expressly provides that a fiduciary's first account may be rendered 6 months from the date of his letters (code, sec. 20-601). The foregoing accelerated time limits will apply to all estates; but none of them will impose any hardship, in our compact community, and in these days of rapidity of transit and of communication. Moreover, extensions of time will continue to be available, in the court's discretion, as at present. The provisions of this optional 6 months' period can do no possible harm to him who does not elect to use it; and it will be of the benefit of many who will use it. Maryland, Virginia, and Pennsylvania are among the States, of which there are at least 18. which provides for a 6 months' administration. Their own interest will prompt most executors and administrators to elect to close the estate in 6 months, if circumstances permit. The court probably could direct a representative to show cause why he did not so elect, in a proper case, and require him to avail himself of the election, if he neglected or refused to do so, arbitrarily, to the prejudice of interested parties. The Commissioners of the District of Columbia approve this legislation. CHANGES IN EXISTING LAW In compliance with paragraph 2a of rule XIII of the Rules of the House of Representatives, changes in existing law made by the bill, as introduced, are shown as follows (existing law proposed to be omitted is enclosed in black brackets, new matter is printed in italics, existing law in which no change is proposed is shown in roman): On the death of any person not domiciled in the District of Columbia at the time of his death so much of his real and personal estate in the District of Columbia as may be necessary for the payment and discharge of just claims against him of creditors and persons domiciled in the District of Columbia shall also be the subject of administration under authority and direction of the probate court, irrespective of the personal estate of such decedent at his place of domicile or elsewhere: Provided, The prosecution of such claims is begun in said court within Lone vear] six months after the death of such decedent. SEC. 2. If said executor shall not have been present at the probate of the will, but shall be within the District, a summons may be issued to him, either at the instance of any person interested or ex officio by the register of wills, requiring him to appear and file his bond as required by law [within twenty five days after service of said summons; and if he be not found in said District, notice shall be given to him by publication to appear [within thirty days after the first publication] within ten days after publication of said notice, and on his failure to appear and give his bond and qualify by taking the prescribed oath, as aforesaid, administration may be granted as if no executor had been named in the will. SEC. 3. Every executor, administrator, or collector shall, within [three months] two months after his appointment, or such longer time as the court may allow, make and return, upon oath, into court a true inventory of all the goods, chattels, moneys, and credits of the deceased which are by law to be administered and which shall have come to his possession or knowledge; and if the court shall think fit it may also order him to include in the inventory all the real estate of the deceased: Provided, That this section shall not apply to the cases provided for in sections SEC. 4. In case an inventory shall be returned by a collector, duly appointed, the executor or administrator thereafter administering shall, within [three months] two months after his appointment, either return a new inventory in place of the collector's inventory or an acknowledgment in writing that he has received from the collector the articles contained in the first inventory, and consents to be answerable for the same, as if said inventory had been made out by him as administrator, unless it shall appear that he has been prevented from making such return by the improper detention of the personal estate of the deceased by the collector. SEC. 5. If a claim be exhibited against an executor or administrator which he shall think it his duty to dispute or reject, he may retain in his hands assets proportioned to the amount of the claim, which assets shall be liable to other claims, or to be delivered up or distributed in case the claim be not established; and if on any claims exhibited and disputed as aforesaid the creditor or claimant shall not, within [nine months] three months after such dispute or rejection, commence a suit for recovery the creditor shall be forever barred; and the executor or administrator may plead this section in bar, together with the general issue or other plea proper to bring the merits of the cause to trial; and on any dividend to be made [nine months] three months after such dispute or rejection and failure to bring suit the executor or administrator may proceed to pay or distribute as if he had not knowledge or notice of such claim or as if it did not exist; but if the claim be put in suit within the [nine months] three months it may be ascertained by verdict or otherwise, and * * * SEC. 6. No executor or administrator who shall, after the lapse of [one year] six months after the date of his letters, have paid away assets to the discharge of just claims shall be answerable for any claim of which he had no knowledge or notice by an exhibition of the claim legally authenticated: Provided, That [at least six months] at least three months before he shall make distribution he shall have caused to be inserted in so many newspapers as the probate court may direct an advertisement as follows, or fully to the following effect, namely: "This is to give notice that the subscriber, of hath obtained from the probate court of the District of Columbia letters testamentary (or of administration) on the personal estate of --- late of deceased. All persons having claims against the deceased are hereby warned to exhibit the same, with the vouchers thereof legally authenticated, to the subscriber on or before the day of next; they may otherwise by law be excluded from all benefit of said estate. Given under my hand this SEC. 7. Every executor and administrator shall render to the probate court within the period of twelve months from the date of his letters the first account of his administration [.]: Provided, That said account may be rendered six months from the date of his letters. - ----1 day of AMENDING SECTION 137 OF THE CODE OF LAW OF THE DISTRICT OF COLUMBIA, RELATING TO TIME WITHIN WHICH A CAVEAT MAY BE FILED AFTER THE WILL HAS BEEN PROBATED JUNE 7, 1949.-Referred to the House Calendar and ordered to be printed Mr. HARRIS, from the Committee on the District of Columbia, submitted the following REPORT [To accompany S. 1132] The Committee on the District of Columbia, to whom was referred the bill (S. 1132) to amend section 137 of the act entitled "An act to establish a code of law for the District of Columbia," approved March 3, 1901, relating to the time within which a caveat may be filed to a will after the will has been probated, having considered the same, report favorably thereon without amendment, and recommend that the bill do pass. The purpose of the bill is to provide uniformity in the filing of caveats in probate matters. Heretofore there has been a confusion as to the applicable time and the matter has been the subject of conflicting decisions in the court. The bill has three general purposes, namely: (1) To provide certainty as to time for postprobate caveats; (3) To fix the time of such caveats. The Bar Association of the District of Columbia has recommended this bill and it has the approval of the Commissioners of the District of Columbia. The District of Columbia Bar Association presented the following justification when the legislation was proposed: This act (bill) has three purposes, namely, to provide certainty as to the time for postprobate caveats; secondly, to provide a uniform time for such caveats, whether the will be one of personalty, or of realty, or of both; and thirdly, to fix the time for such caveats. As drafted it accords with Maryland law, where the time for postprobate caveats has been reduced from 3 years to 1 year (Maryland Code, art. 93, sec. 352). Under the present statute (Code, sec. 19-309) the situation is intolerable because the District court twice held that next of kin published against were too late, when they caveated a will of personalty, more than 3 months after the probate (estate Jas R. Kent, Admn. No. 33725, and estate Jesse W. Briggs, Admn. No 47344); but in the latest decision of that court, such caveat was allowed to stand (estate Lillian G. Plummer, Admn. No. 55403). And the court of appeals-doubtless on procedural grounds-refused to allow a special appeal in the Briggs case (Briggs v. Brown, Appeal Original No. 2628, June 8, 1936), and they refused to allow a special appeal in the Plummer case (Muncaster v. Foreman, Appeal No. 8075, Nov 12. 1941) For presentation of the view that there has been no clear judicial pronouncement on this situation, see Mersch, Time Limits for Post-Probate Caveats in the District of Columbia (31 Georgetown Law Journal, 405-433.) As justice delayed is justice denied, so a lack of certainty is as unsatisfactory as lack of a statute. That the time limit for postprobate caveats should be uniform, regardless of the form of the will or the nature of the property bequeathed and devised, is generally agreed As to the time limit provided in this act, the committee was influenced by the decision in the Plummer case. above: and by the Maryland statute, above However, certainty and a uniform time limit are the primary objectives of this act (bill). There is strong local sentiment for a 6 months' limit; and prior committees of the association have proposed that limit, and their reports have been approved, in principle, by the association. The Model Probate Code of the American Bar Association committee on probate law allows no postprobate caveat when notice preceded probate, and otherwise would allow postprobate caveats only within 4 months after publication of notice of the probate (sec 73-a-2, Model Probate Code) except that an after-discovered wil could be probated at any time before the probate court's order for distribution (id. secs. 73-a and 75-c). That a shorter time limit might be advisable seems to be llustrated by a case in probate court prior to the act of March 3, 1901 (Code, sec. 19-309). According to the record, probate was granted July 12, 1899; a caveat was filed (timely under the act of June 8, 1898) July 6, 1900, just prior to the due date of the executor's account, and the executor's final account was not approved until May 19, 1903 (Estate Wilson W. Griffith, Admn. No. 8994 (cf. 31 Geo L. J., 405 at 430)). This committee believes the act (bill) should pass, to provide a definite and uniform time limit for postprobate caveats, with the 1-year time limit contained in the act (bill) as drafted, or with some shorter time period. The Commissioners of the District of Columbia recommend favorable consideration. CHANGES IN EXISTING LAW In compliance with paragraph 2a of rule XIII of the Rules of the House of Representatives, changes in existing law made by the bill, as introduced, are shown as follows (existing law proposed to be omitted is enclosed in black brackets, new matter is printed in italics, existing law in which no change is proposed is shown in roman): [If, upon the hearing of the application to admit a will to probate, the court shall decree that the same be admitted to probate, any person in interest may file a caveat to said will and pray that the probate thereof may be revoked at any time within three months after such decree, if it be a will of personal property, and as far as it is a will of personal property; and if it be a will of real estate, and as far as it is such will of real estate, any person interested actually served with process or personally appearing in such proceedings may file such caveat within one year after such decrce; any person interested who at said time was returned "Not to be found" and was proceeded against by publication may file such caveat within two years after such date; and any person interested who at the time of such decree is within the age of twenty-one years may file such caveat within one year after he becomes of age.] If, upon the hearing of the application to admit a will to probate, the court shall decree that the same be admitted to probate, any person in interest may file a caveat to said will and pray that the probate thereof may be revoked at any time within one year after such decree. 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