to the executor or administrator; and he may be committed to jail and confined therein until the order is complied with, or he is discharged according to law. All interrogatories and answers shall be in writing, signed by the party examined, and filed in the court. In addition to the examination of the party, witnesses may be produced and examined on either side.

§ 1494. Requiring persons intrusted with estate to account Upon complaint made under oath by an executor or administrator, the court may cite a person who has been intrusted with any part of the estate of the decedent to appear before the court, and require him to render a full account, on oath, of any moneys, accounts, or other property or papers belonging to the estate, which have come to his possession in trust for the executor or administrator, and of his proceedings thereon. If the person so cited refuses to appear and render the account, the court may proceed against him as provided in section 1493 of this title.

CHAPTER 65-DISPOSITION OF ESTATES WITHOUT

ADMINISTRATION

SUBCHAPTER I—TRANSFER OF PERSONAL PROPERTY NOT EXCEEDING CERTAIN AMOUNTS

Sec.

1521. Personal property not exceeding $100; summary probate; affidavit of right. 1522. Surviving spouse's right to $500 from bank deposits; affidavit.

1523. Affidavit of right; effect of receipt.

1524. Same; claim against estate in probate; procedure.

SUBCHAPTER II-SETTING ASIDE ESTATES NOT EXCEEDING $3,000 IN VALUE

1541. Authority to set aside estate.

1542. Petition to set aside estate; allegations; time; verification; contents. 1543. Statement in notice, if allegations included in petition for probate or letters.

1344. Fixing time of hearing; notice; proceedings under separate petition. 1545. Decree of assignment; title; restriction on right.

1546. Denying assignment and acting on petition for probate or letters.

Subchapter I-Transfer of Personal Property Not Exceeding Certain Amounts

§ 1521. Personal property not exceeding $100; summary probate; affidavit of right

When a decedent does not leave real property, or interest therein or lien thereon, in the Canal Zone, and the total value of the decedent's property in the Canal Zone, over and above any amounts due to the decedent for services in the Armed Forces of the United States, does not exceed $100, the surviving spouse, the children, lawful issue of deceased children, the parent, the brother or sister of the decedent, the lawful issue of a deceased brother or sister, or the guardian of the estate of a minor or incompetent person bearing such relationship to the decedent, if that person has a right to succeed to the property of the decedent, or is the sole beneficiary under the last will and testament of the decedent, may, without procuring letters of adminis tration, or awaiting the probate of the will,

(1) collect any money due the decedent,

(2) receive the property of the decedent, and

(3) have transferred to him any evidences of interest, indebtedness or right

upon furnishing to the person, representative, corporation, officer or body owing the money, having custody of the property or acting as registrar or transfer agent of the evidences of interest, indebtedness or right, an affidavit showing the right of the affiant or affiants to collect the money, receive the property, or have the evidences transferred.

§ 1522. Surviving spouse's right to $500 from bank deposits; affidavit

Whether a person dies testate or intestate, and irrespective of the character of his or her property, the spouse of the decedent, if entitled by succession or by the last will and testament of the decedent to any money of the decedent on deposit in a bank, may collect the money, not to exceed the total sum of $500, without procuring letters testamentary or of administration, upon furnishing the bank with an affidavit showing the right of the affiant to receive the money.

§ 1523. Affidavit of right; effect of receipt

The receipt of the affiant as provided by section 1522 of this title constitutes sufficient acquittance for any payment of money or delivery of property made pursuant to this subchapter and discharges the person, representative, corporation, officer or body so paying or delivering it from any further liability with reference thereto, without the necessity of inquiring into the truth of the facts stated in the affidavit. But the payment or transfer does not preclude administration when necessary to enforce payment of the decedent's debts.

§ 1524. Same; claim against estate in probate; procedure

If the money or property claimed pursuant to this subchapter is that of a deceased heir or legatee of a person whose estate is in probate, the personal representative of the person whose estate is in probate shall first present the affidavit to the division of the court in which the estate is being probated and the court shall direct him to pay the money or deliver the property to the affiant or affiants to the extent that the decree of distribution determines that the heir or legatee was entitled thereto under the will or the laws of succession.

Subchapter II-Setting Aside Estates Not Exceeding $3,000 in Value

§ 1541. Authority to set aside estate

When a decedent leaves a surviving spouse or minor child or minor children, and the net value of the whole estate, over and above all liens and encumbrances at the date of death and not including the property excepted from administration pursuant to section 522 of this title, does not exceed the sum of $3,000, it may be set aside to the surviving spouse, if there is one, and if there is none, then to the minor child or minor children of the decedent.

§ 1542. Petition to set aside estate; allegations; time; verification; contents

(a) Allegations showing that this subchapter is applicable, together with a prayer that the estate be set aside as provided in this subchapter, may be included alternatively in the petition for probate of the will or for letters of administration; or the allegations and prayer may be presented by a separate petition filed in the court by the personal representative of the decedent, or the surviving spouse, or the guardian of the minor child or minor children, filed at any time before the hearing on the petition for probate of the will or for letters of administration, or after the filing of the inventory.

(b) The petition for probate of the will or for letters of administration, in which the allegations and prayer are included alternatively, as provided by subsection (a) of this section, or a separate petition, as therein provided, shall be verified; and the allegations shall include a specific description, and an estimate of the value, of all the decedent's property, a list of liens and encumbrances at the date of death, and a designation of property excepted from administration pursuant to section 522 of this title.

§ 1543. Statement in notice, if allegations included in petition for probate or letters

If the allegations and prayer as provided by section 1542 of this title are included in the petition for probate of the will or for letters of administration, the notice of hearing shall include a statement that a prayer for setting aside the estate to the surviving spouse or minor child or minor children, as the case may be, is included in the petition. § 1544. Fixing time of hearing; notice; proceedings under separate petition

If a separate petition is filed as provided by section 1542 of this title, the clerk shall fix a day for the hearing thereof and shall give notice for the period and in the manner provided by section 1583 of this title. If the hearing of the original petition for probate of the will or for letters of administration is set for a day more than 10 days after the filing of the separate petition, the latter shall be set for hearing at the same time as the former; if not, the separate petition shall be set for hearing at least 10 days after the date on which it is filed, and if the original petition has not been heard, it shall be continued until the date for the separate petition and heard at the same time. § 1545. Decree of assignment; title; restriction on right

(a) If, upon the hearing of a petition provided for by this subchapter, the court finds that the net value of the estate, over and above all liens and encumbrances at the date of the death of the decedent and not including the property excepted from administration under section 522 of this title, does not exceed the sum of $3,000, as of the date of death of the decedent, that the expenses of the last illness, funeral charges, and expenses of administration have been paid, and that subsection (b) of this section does not apply to the particular case, it shall, by decree for that purpose, assign to the surviving spouse of the decedent, if there is a surviving spouse, or, if there is no surviving spouse, then to the minor child or minor children of the decedent, if any, the whole of the estate, subject to whatever mortgages, liens, or encumbrances there may be upon the estate at the time of the death of the decedent. The title thereto shall vest absolutely in the surviving spouse, if there is a surviving spouse, or if there is no surviving spouse, in the minor child or minor children, subject to whatever mortgages, liens, or encumbrances there may be upon the estate at the time of the death of the decedent, and there shall be no further proceedings in the administration, unless further estate is discovered.

(b) A surviving spouse or minor child is not entitled to an assignment under this subchapter, if the spouse or child has other estate, including the total value of any property held by either in joint tenancy with the decadent and the value of any property excepted from administration pursuant to section 522 of this title, the net value of which, over and above all liens and encumbrances, exceeds the sum of $5,000.

§ 1546. Denying assignment and acting on petition for probate or letters

If the court finds that the net value of the estate exceeds $3,000, or that the surviving spouse or minor child has other estate of $5,000 in value, or that there is neither a surviving spouse nor minor child, it shall act upon the petition for probate or for letters of administration in the same manner as though a petition to set aside the estate had not. been included, and the estate shall then be administered in the usual

manner.

Sec.

CHAPTER 67—SUPPORT OF THE FAMILY

1581. Possession of certain property pending inventory; support allowance. 1582. Setting apart property exempt from execution.

1583. Same; setting petition for hearing; notice.

1584. Extra allowance.

1585. Payment of allowance.

1586. Apportionment of property set apart.

§ 1581. Possession of certain property pending inventory; support allowance

When a decedent leaves a widow or minor children, the widow or children, until letters are granted and the inventory is returned, may remain in possession of all the wearing apparel of the family, and of all the household furniture of the decedent. They are also entitled to a reasonable provision for their support, to be allowed by the court.

§ 1582. Setting apart property exempt from execution

Upon the return of the inventory referred to in section 1581 of this title, or at any subsequent time during the administration, the court may, on petition therefor, set apart for the use of the surviving spouse, or, in case of the spouse's death, to the minor children of the decedent, all the property exempt from execution.

§ 1583. Same; setting petition for hearing; notice

When the petition referred to in section 1582 of this title is filed, the clerk of the court shall set the petition for hearing by the court and cause notices to be posted in at least three public places in the division, one of which shall be at the place where the court is held, containing the name of the decedent, the name of the petitioner, the nature of the application, and the time at which the petition will be heard. The notice shall be given at least 10 days before the hearing, and a copy thereof shall be mailed at least 10 days before the day appointed for the hearing to the executor or administrator, if he is not the petitioner, and to any person named as coexecutor or coadministrator not petitioning, and to the attorneys of all persons who have appeared or given notice of appearance, by attorneys, in the estate as heirs, legatees, devisees, next of kin, or creditors, or as otherwise interested, addressed to them at their places of residence, or office, if known, and if not known, then to the place where the proceedings are pending. Proof of the posting and mailing shall be made at the hearing.

§ 1584. Extra allowance

If the property set apart is insufficient for the support of the widow and children, or either, the court shall take such reasonable allowance out of the estate as is necessary for the maintenance of the family, according to their circumstances, during the progress of the settlement of the estate, which, in case of an insolvent estate, may not be longer than one year after granting letters testamentary or of administration.

§ 1585. Payment of allowance

An allowance made by the court in accordance with the provisions of this chapter shall be paid in preference to all other charges, except funeral expenses and the expenses of the last illness of the decedent and expenses of administration; and the allowance, whenever made, may, in the discretion of the court, take effect from the death of the decedent.

§ 1586. Apportionment of property set apart

Property set apart to the use of the family in accordance with this chapter, if the decedent left a surviving spouse and no minor child, is the property of the spouse. If the decedent left also a minor child or minor children, one-half of the property belongs to the surviving spouse, and the remainder to the child, or in equal shares to the children, if there are more than one. If there is no surviving spouse, the whole belongs to the minor child or minor children.

Sec.

CHAPTER 69-CLAIMS AGAINST THE ESTATE

SUBCHAPTER I-PRESENTATION OF CLAIMS

1621. Notice to creditors; effect of death, etc., of executor or administrator; time for filing claims.

1622. Removal for neglecting to give notice.

1623. Filing copy of notice; affidavit; decree.

1624. Executor's or administrator's claim; presentation; allowance or rejection; action.

1625. Affidavits in support of claims; claims not due; contingent claims; vouchers.

1626. Claim founded on written instrument; copy; secured claim.

1627. Claims not filed on time are barred; exception.

1628. Record of claims filed.

1629. Claims barred by limitations; examination of claimants; suspension of limitations pending administration.

1630. Claim in action pending at decedent's death.

1631. Claims filed with clerk; notice to executor or administrator; allowance or rejection.

1632. Claims presented to executor or administrator; allowance or rejection. 1633. Failure to act on claim; presentation by notary; acting on timely claim after time.

1634. Status of allowed claims; contest of validity.

1635. Record of claims allowed.

1636. Notice of rejection; action by claimant; time.

1637. Filing or presenting claim as prerequisite to action; exception.

1638. Partial allowance.

1639. Reference; hearing and report; powers of master and court; effect. 1640. Liability of executor or administrator for costs.

SUBCHAPTER II—RULES GOVerning paymENT OF CLAIMS

1661. Effect of judgment against executor or administrator.

1662. Judgment against decedent; execution; filing as claim; levy before death; redemption.

1663. Interest.

1664. Writing as prerequisite to personal liability of executor or administrator. 1665. Claimant not found; deposit with Government; receipt as voucher; final disposition if amount not claimed.

Subchapter I-Presentation of Claims

§ 1621. Notice to creditors; effect of death, etc., of executor or administrator; time for filing claims

(a) An executor or administrator shall, immediately after his letters are issued, cause to be published in a newspaper of general circulation in the Canal Zone, a notice to the creditors of the decedent, requiring all persons having claims against the decedent to file them, with the necessary vouchers, in the office of the clerk of the court, or to present them, with the necessary vouchers, to the executor or administrator, at the place of his residence or business to be specified in the notice. The notice shall be published not less than once a week for four successive weeks. If the executor or administrator dies, resigns, or is removed, before the time expressed in the notice, his successor shall give notice only for the unexpired time allowed for the filing or presentation of claims.

(b) The court may dispense with publication of the notice required by subsection (a) of this section, and direct that notice be