Administration of Estates of Deceased Persons.

two or more suitable persons as commissioners, to receive, examine, and adjust all claims against the deceased. It is the duty of such commissioners to appoint a convenient time and place for executing their commission, and to give notice of the same within sixty days, to all creditors, and also of the time which the Court of Probate may allow for the presentation of their claims; the notice to be given both by posted advertisement and newspaper publication, for four weeks successively. The Probate Court shall allow such time to creditors for the presentation of their claims as the circumstances of the case may require, not in the first instance to exceed eighteen or fall short of six months, nor to be extended for any case beyond the period of two years from the date of the commission. Creditors not presenting their claim within the time allowed, are forever barred. After the appointment of commissioners, no personal action can be brought against an executor or administrator, nor can any attachment or execution be issued against the estate of a deceased person until after the expiration of the period limited by the court for the payment of debts. The commissioners are empowered and directed to decide upon all claims against the deceased, and to report a list of such as may be allowed, at the expiration of the time limited for presentation. Any executor, administrator, or creditor, may appeal from the decision of the commissioners to the Circuit Court for the same county, upon application filed in the probate office within sixty days from the report of the commission: the appeal to be tried by such court, with the assistance of a jury, if any questions of fact are involved. Contingent claims may be presented to the commissioners, and if allowed, the Court of Probate may direct the executor or administrator to retain sufficient estate to pay the same, or its ratable proportion, when it becomes absolute. Upon the return of the report of the commissioners, the Court of Probate shall make a decree for the distribution of assets among the creditors, within some time, in the first instance not exceeding eighteen months, but which may be extended from time to time, on the application of the executor or administrator, showing good cause, for periods of one year, provided that the entire term thus allowed is not to exceed four years. It is the duty of the executor or administrator to give notice, by publica

Administration of Estates of Deceased Persons.

tion, for three successive weeks, in some newspaper to be designated by the Court of Probate, of the time limited for the payment of debts; and any creditor neglecting to present his claim for two years from the date of the last publication, is for ever barred.

Where the assets of the deceased are not sufficient for the payment of all his debts, the following order is to be observed, after paying the necessary expenses of administration:

1st. The necessary funeral expenses.

2d. The expenses of the last sickness.

3d. Debts having a preference by the laws of the United States.

4th. Debts due to other creditors.

No creditor of one class is to receive any portion of his debt until all those of the preceding class have been fully paid.

Before the account of any administrator or executor will be allowed, notice must be given to all persons interested, of the time and place of examining the same. Where the executor or administrator neglects to render his account at the proper time after being duly cited by the Court of Probate, he is liable upon his official bond for any damage which may ensue. (a)

(a) R. S. 282, 307.

WISCONSIN.

1. ASSURANCES OF DEBT.

2. INTEREST.

3. STATUTE OF FRAUDS.

4 LIMITED PARTNERSHIPS.

5. EFFECT OF MARRIAGE UPON RIGHTS OF PROPERTY.

10. EFFECT OF DEATH UPON THE RIGHTS OF CREDITORS.

11. COURTS.

1. Assurances of Debt.

Book accounts.-Book accounts are made evidence in certain cases, where confirmed by the oath of the plaintiff or his clerk or agent. The books must be produced at the trial of the cause, and the party must swear that they are his account books, that they contain the original entries of charges for goods or other articles delivered, or work and labor or other services performed, or materials found, and that such entries are just to the best of his knowledge and belief: that said entries are in his own handwriting, and that they were made at or about the time said goods or other articles were delivered, said work and labor or other services were performed, or said materials were found. (a)

Whenever the original entries are in the handwriting of an agent, the oath of such agent may be admitted to establish the But these books shall not be admitted as testimony of any item of money delivered at one time exceeding five dollars, or of money paid to third persons, or of charges of rent.

same.

(a) Acts of 1838-39, 249, 250.

Assurances of Debt.

When a book has marks which show that the items have been transferred to a ledger, the book shall not be testimony unless the ledger be produced. (a)

Effect of scroll.-Any instrument to which the person making the same shall affix any device by way of seal, is to be taken to have the same force and obligation as if it were actually sealed. (b)

Bills of exchange and promissory notes.-All notes for a sum of money, payable to any person or order, or to bearer, are negotiable in like manner as inland bills of exchange, according to the custom of merchants, and the payees or indorsees of every such note may maintain an action thereon against the makers and indorsers of the same respectively, as in cases of inland bills of exchange, and not otherwise. (c)

Rate of damages upon protested bills.-The drawer or indorser of a bill of exchange drawn upon any person or body politic out of the United States or the territories thereof, which has been duly presented and protested for non-acceptance, and who have been duly notified thereof, shall pay the bill with legal interest, and twenty per cent. damages in addition, together with costs and charges of protest. (d)

When such bill is drawn upon a person or body politic, or corporation, in an adjacent state or territory, the damages are reduced to five per cent. (e)

When the bill is drawn upon any person or body politic in one of the United States or its territories, but not adjoining this state, the damages are fixed at ten per cent. (f)

Notary public.-By act of '41, 26, it is declared that full faith. and credit shall be given to the attestations, protestations, and other instruments of publication, under seal, of all notaries public appointed in any state or territory of the United States. (g)

It is made the duty of every notary public, when any bill of exchange, promissory note, or other written instrument, is protested by him, for non-acceptance or non-payment, to give written notice thereof to the makers and indorsers; and where the persons protested reside within two miles of the residence of the notary, to

(a) Acts of 1838-39, 249, 250. (e) Ib. 174.

(b) R. S. 156. (f) Ib. 174

(c) Ib. 175.

(d) Ib. 174

(g) Ib. 85.

Interest. Statute of Frauds.

serve the notice personally. It is also made his duty to keep a record of such notices, and the time and manner of their service, the names of the parties, and which record is declared to be at all times competent evidence to prove such notices. (a)

2. Interest.

Upon all bills of exchange, promissory notes, contracts, debts, or demands, wherein the rate of interest is not specified, seven per cent. per annum shall be allowed.

No bank or corporation, unless otherwise provided in their charter, shall take, directly or indirectly, more than seven per cent. per annum.

With this exception, the parties to a contract may stipulate for any rate of interest not exceeding twelve per cent. per an

num.

When a greater rate of interest than that which is allowed by law has been taken by any person or corporation, the person so paying may recover three times the amount of the excess of interest, in an action of assumpsit before any court of competent jurisdiction provided that such suit be commenced within one year from the day of payment of such excess. (b)

3. Statute of Frauds.

In the following cases, every agreement shall be void, unless such agreement, or some note or memorandum thereof, expressing the consideration, be in writing and signed by the party charged therewith:

1. Every agreement that by the terms is not to be performed within one year from the making thereof.

2. Every special promise to answer for the debt, default, or miscarriage of another person.

3. Every agreement, promise, or undertaking made upon consideration of marriage, except mutual promises to marry.

4. Every contract for the sale of any goods, chattels, or things in action, for the price of fifty dollars or more, shall be void, un(b) Ib. 156.

(a) R. S. 84.