family; the clothes of a widow, and her ornaments proper for her station; one table, six chairs, six knives and forks, six plates, six teacups and saucers, one sugar dish, one milkpot, one teapot and six spoons.

The said articles shall remain in the possession of the widow, if there be one, during the time she shall live with, and provide for, such minor child or children. When she shall cease so to do, she shall be allowed to retain as her own, her wearing apparel, her ornaments, and one bed, bedstead and the bedding for the same; and the other articles so exempted, shall then belong to such minor child or children. If there be a widow, and no such minor child, then the said articles shall belong to such widow.

The inventory shall contain a particular statement of all bonds, mortgages, notes and other securities for the payment of money, belonging to the deceased, which are known to such executor or administrator; specifying the name of the debtor in each security; the date; the sum originally payable; the endorsements thereon, if any, with their dates; and the sum which, in the judgment of the appraisers, may be collectable on each security.

The inventory shall also contain an account of all monies, whether in specie or bank bills, or other circulating medium, belonging to the deceased, which shall have come to the hands of the executor or administrator; and if none shall have come to his hands, the fact shall be so stated in such inventory.

The naming of any person executor in a will, shall not operate as a discharge, or bequest, of any just claim, which the testator had against such executor, but such claim shall be included among the credits and effects of the deceased, in the inventory, and such executor shall be liable for the same, as for so much money in his hands, at the time such debt or demand becomes due; and he shall apply and distribute the same in the payment of debts and legacies, and among the next of kin, as part of the personal estate of the deceased.

The discharge or bequest in a will, of any debt or demand

of the testator, against any executor named in his will, or against any other person, shall not be valid as against the creditors of the deceased; but shall be construed only as a specific bequest of such debt or demand; and the amount thereof shall be included in the inventory of the credits and effects of the deceased, and shall, if necessary, be applied in the payment of his debts: and if not necessary for that purpose, shall be paid in the same manner and proportion as other specific legacies.

Upon the completion of the inventory, duplicates thereof shall be made and signed by the appraisers; one of which shall be retained by the executor or administrator, and the other shall be returned to the surrogate within three months from the date of such letters.

Any one or more of the executors or administrators named in any letters, on the neglect of the others, may return an inventory; and those so neglecting, shall not thereafter interfere with the administration, or have any power over the personal estate of the deceased; but the executor or administrator so returning an inventory, shall have the whole administration, until the delinquent return and verify an inventory, agreeably to the provisions of this article.

Whenever personal property, or assets of any kind, not mentioned in any inventory that shall have been made, shall come to the possession or knowledge of an executor or administrator, he shall cause the same to be appraised in manner aforesaid, and an inventory thereof to be returned, within two months after the discovery thereof; and the making of such inventory and return, may be enforced in the same manner, as in the case of the first inventory.

If any executor or administrator shall discover that the debts against any deceased person, and the legacies bequeathed by him, cannot be paid aud satisfied without a sale of the personal property of the deceased, the same, so far as may be necessary for the payment of such debts and legacies, shall be sold. The sale may be public or private, and, except in the city of New-York, may be on credit, not exceed

ing one year, with approved security. Such executor or administrator shall not be responsible for any loss happening by such sale, when made in good faith, and with ordinary prudence.

In making such sales, such articles as are not necessary for the support and subsistence of the family of the deceased, or as are not specially bequeathed, shall be first sold; and articles so bequeathed shall not be sold, until the residue of the personal estate has been applied to the payment of the debts.

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Every executor and administrator shall proceed, with diligence, to pay the debts of the deceased, and shall pay the same according to the following order of classes:

1. Debts entitled to a preference under the laws of the United States.

2. Taxes assessed upon the estate of the deceased, previous to his death.

3. Judgments docketed, and decrees enrolled, against the deceased, according to the priority thereof, respectively.

4. All recognizances, bonds, sealed instruments, notes, bills and unliquidated demands and accounts.

No preference shall be given in the payment of any debt, over other debts of the same class, except those specified in the third class; nor shall a debt due and payable, be entitled to a preference over debts not due; nor shall the commencement of a suit for the recovery of any debt, or the obtaining a judgment thereon against the executor or administrator, entitle such debt to any preference over others of the same class.

Debts not due, may be paid by an executor or administrator, according to the class to which they may belong, after deducting a rebate of legal interest upon the sum paid, for the time unexpired.

Preference may be given by the surrogate, to rents due or accruing upon leases, held by the testator or intestate, at the time of his death, over debts of the fourth class, whenever it

shall be made to appear to his satisfaction, that such preference will benefit the estate of such testator or intestate.

In any suit against an executor or administrator, the defendant may show, under a notice for that purpose, given with his plea, that there are debts of a prior class unsatisfied, or that there are unpaid debts of the same class with that on which the suit is brought, and judgment shall be rendered only for such part of the assets in his hands, as shall remain after satisfying the debts of the prior class, and as shall be a just proportion to the other debts of the same class, with that on which the suit is brought. But the plaintiff may, as in other cases, take judgment for the whole or part of his debt, to be levied of future assets.

Any executor or administrator, at any time, at least six months after the granting of the letters testamentary or of administration, may insert a notice once in each week, for six months, in a newspaper printed in the county, and in so many other newspapers, as the surrogate may deem most likely to give notice to the creditors of the deceased, requiring all persons having claims against the deceased, to exhibit the same with the vouchers thereof, to such executor or administrator, at the place of his residence or transaction of business, to be specified in such notice, at or before the day therein. named, which shall be at least six months from the day of the first publication of such notice.

Upon any claim being presented against the estate of any deceased person, the executor or administrator may require satisfactory vouchers in support thereof, and also the affidavit of the claimant that such claim is justly due, that no payments have been made thereon, and that there are no offsets against the same, to the knowledge of such claimant; which oath may be taken before any justice of the peace, or other officer authorised to administer oaths.

If the executor or administrater doubt the justice of any claim so presented, he may enter into an agreement in writing, with the claimant, to refer the matter in controversy to three disinterested persons, to be approved by the surrogate;

and upon filing such agreement and approval of the surrogate, in the office of a clerk of the supreme court, or of the clerk of the court of common pleas of the county, in which the parties, or either of them, reside, a rule shall be entered by such clerk, either in vacation or in term, referring the matter in controversy to the persons so selected.

The referees shall thereupon proceed to hear and determine the matter, and make report thereon to the court in which the rule for their appointment shall have been entered. The same proceedings shall be had in all respects, the referees shall have the same powers, be entitled to the same compensation, and subject to the same control, as if the reference had been made in an action in which such court might by law, direct a reference; and the court may set aside the report of the referees, or appoint others in their places, and may confirm such report, and adjudge costs, as in actions against executors; and the judgment of the court thereupon shall be valid and effectual in all respects, as if the same had been rendered in a suit commenced by the ordinary process.

If a claim against the estate of any deceased person be exhibited to the executor or administrator, and be disputed or rejected by him, and the same shall not have been referred, the claimant shall, within six months after such dispute or rejection, if the debt, or any part thereof, be then due, or within six months after some part thereof shall have become due, commence a suit for the recovery thereof, or be forever barred from maintaining any action thereon; and no action shall be maintained thereon after the said period, by any other person deriving title thereto from such claimant; and any executor or administrator may, on the trial of any action founded upon such demand, give in evidence, in bar thereof, under a notice annexed to the general issue, the facts of such refusal and neglect to commence a suit.

In case any suit shall be brought upon a claim, which shall not have been presented to the executor or administrator of a deceased person, within six months from the first publication of such notice, as herein before directed, such executor or ad