goods and chattels which have come into his possession, with the value of each article. Notice of the time and place of such appraisement must be given to the legatees and next of kin within the county. The appraisers must take and subscribe an oath "that they will truly, honestly, and impartially appraise the personal property which shall be exhibited to them, according to the best of their knowledge and ability." The appraisers then proceed to appraise the property exhibited to them. They set down each article separately, carrying out the value thereof, in dollars and cents.

2. The personal property of the decedent which comes into the hands of the executor or administrator, which is subject to the payment of his debts, is called assets. In almost every State, certain property of a person, being a householder, is exempt from execution for all debts, except for the purchase of such property. When such person dies leaving a family, such property is still exempt. This property cannot be reckoned as assets. The following personal property is deemed assets, and goes into the hands of the executor or administrator for the payment of debts: 1. Estates held by decedent for the life of another person; 2. Estates for years; 3. Movable fixtures; 4. Crops growing on the land of decedent at the time of his death; 5. Produce raised annually by labor and cultivation, except grass growing and fruit not gathered; 6. Rents which had accrued to decedent at the time of his death; 7. Debts secured by mortgages, bonds, notes, or bills; 8. Stock in companies, accounts, money, and things in action; 9. Goods, wares, merchandise, utensils, furniture, cattle, and every other species of personal prop

the appraisement? What oath must the appraisers take and subscribe? What do the appraisers then proceed to do? How do they set down the articles and the value ?

2. What is the personal property which comes into the hands of the executor or administrator, subject to the payment of the debts of the deceased, called? For what debts is certain property in most of the States exempt from execution? When the owner dies, leaving a family? Can this property be reckoned as assets? What property is deemed

erty not exempted. Permanent fixtures descend with the freehold.

3. In the State of New York, when a man dies, leaving a widow or minor children, the following property is inventoried, but is not appraised, and is not classed with the assets, nor is it liable for the payment of debts: 1. Spinning-wheels, weaving-looms, and stoves put up or kept for family use; 2. The family Bible, family pictures, and school-books, used by or in the family of such deceased person, and books not exceeding in value fifty dollars, which were kept and used as part of the family library before the decease of such person; 3. Sheep to the number of ten, with their fleeces, and the yarn and cloth manufactured from the same; one cow, two swine, and the pork of such swine; 4. All necessary wearing-apparel, beds, bedsteads, and bedding, clothing for the family, the clothes of the widow, and her ornaments proper for her station; 5. Six chairs, knives, forks, plates, teacups, saucers, spoons, one table, sugar-dish, teapot, and one milk-pot. These articles are to remain in the possession of the widow during the time she lives with and provides for any minor child. When she ceases to do so, she is allowed to retain her wearing-apparel and ornaments, and one bedstead and bed, and bedding for the same. The other articles belong to the minor child or children. If there is no such minor child, all these articles belong to the widow.

4. The appraisers also set apart for the use of such widow or minor children, in addition to the above-named articles, other personal property to the value of one hundred

assets, and goes into the hands of the administrator or executor for the payment of debts? How do permanent fixtures descend?

3. In what State is certain property inventoried, but not appraised? Is this property classed with assets? What implements for manufac turing cloth are in this class? What books? What stock? What clothing? What furniture, crockery, and cutlery? In whose possession do these articles remain during the time the widow lives with the minor child or children? When she ceases to do so, what does she retain? To whom do the other articles belong? If there is no such minor child?

4. To what amount, in addition to the above articles, may the apprais

and fifty dollars. The articles above named are exempt from execution, together with other personal property of the value above stated.

5. Upon the completion of the inventory, duplicates are made and signed by the appraisers. One is retained by the executor or administrator. The other is filed with the surrogate. On filing the same, the executor or administrator must make oath "that such inventory is in all respects just and true; that it contains a true statement of all the personal property of the deceased, which has come to their knowledge." Such oath must be annexed to the inventory.

CHAPTER LXV.

PAYMENT OF DEBTS AND LEGACIES.

1. THE executor or administrator may sell the personal property, when it is necessary for the payment of debts and legacies. The sale may be public or private. If any articles of personal property are bequeathed, they are not to be sold until the residue of the personal estate has been applied to the payment of the debts. The surrogate may authorize the executor or administrator to compromise any claim belonging to the estate. Debts are to be paid in the following order: 1. Debts entitled to preference under the laws of the United States; 2. Taxes assessed previous to the death of the decedent; 3. Judgments dock

ers set apart other personal property for the use of the widow and minor children, or either of them? Is all the property above described exempt from execution in New York?

5. Upon the completion of the inventory, what is done by the appraisers? What is done with each copy? What oath does the executor or administrator take, on filing the inventory with the surrogate? To what is the oath annexed?

1. What property may the executor or administrator sell? How may the sale be made? If any articles of personal property are bequeathed? Who may authorize any claim to be compromised? In what order are debts to be paid? Is payment of one debt in any class entitled to pref

eted against the deceased, according to the priority thereof; 4. Recognizances, bonds, sealed instruments, notes, bills, and unliquidated damages and accounts. No payment in any class is entitled to preference, except in the third class. No part of the property of decedent shall be retained by an executor or administrator in satisfaction of his own debt, until approved and allowed by the surrogate.

2. The executor or administrator may publish a notice in some paper in the county, once a week for six months, requiring persons having claims against the estate to exhibit them, with their vouchers, at a place mentioned in such notice, on or before a day named therein. The executor or administrator, upon any claim being presented, may require satisfactory vouchers in support thereof, and the affidavit of the claimant that no payments have been made thereon, and that there are no offsets against the same, to the knowledge of such claimant. If the executor or administrator doubts the justice of the claim, he may agree, in writing, to refer the same to arbitrators, to be approved by the surrogate. The agreement may be filed. with the clerk of one of the courts, and an order entered referring the matter to the persons selected. The arbitrators proceed to hear and determine the claim, and make their report to the court in which the order of reference was made.

3. If a claim is presented and rejected, a suit must be commenced thereon, within six months thereafter, or the claim will be barred. No legacy is to be paid until the expiration of one year from the time of granting letters

erence? Can the executor or administrator retain any of the property of the decedent in satisfaction of his own debt?

2. What notice may the executor or administrator give to creditors of the estate? Upon presentation of any claim, what may they require? What affidavit in addition to vouchers? If there is still a doubt of the justness of the claim, what may be done? Where is such agreement filed? What order is entered? What action do the arbitrators or referees take?

3. If a claim is presented, and rejected, how soon must an action be commenced thereon? If not commenced within that time? What time

testamentary, unless the same be directed by the will to be sooner paid. If a legatee be a minor, and the legacy be under fifty dollars, it may be paid to his father for his benefit. If over fifty dollars, it may be paid to his guardian, on giving security. The surrogate may direct that the legacy be invested in permanent securities, and the interest applied to the support and education of the minor.

4. The executor or administrator, at the expiration of eighteen months from the time of his appointment, renders to the surrogate an account of his proceedings. He must produce vouchers for all debts and legacies paid, and for funeral charges, and necessary expenses. Such vouchers must be deposited with the surrogate. He may be allowed for sums of less than twenty dollars without vouchers, not to exceed in all five hundred dollars.

5. The surrogate allows the executor for receiving and paying out sums, less than one thousand dollars, at the rate of five per cent. For all sums exceeding one thousand, and not exceeding five thousand, two and a half per

For sums exceeding five thousand, one per cent. He is also allowed his just and reasonable expenses. If there are two executors, they receive in proportion to the services rendered. If the deceased died intestate, or if, having left a will, there is a surplus after paying the debts and legacies, it is distributed to the widow and next of kin. The widow shall have-1. If there are descendants, one-third; 2. If there are no descendants, one-half; 3. If a father, one-half; 4. If a mother, one-half; 5. If a

must elapse before any legacy is paid, unless the same is directed in the will to be sooner paid? If the legatee be a minor, and the legacy is less than fifty dollars, to whom may it be paid? If more than fifty dollars ? In what may the surrogate direct the legacy to be invested?

4. When does the executor or administrator render his account to the surrogate? For what must he produce vouchers? What is to be done with such vouchers? What payments may the surrogate allow without vouchers?

5. What per cent. does the surrogate allow the executor or administrator for receiving and paying out sums of money less than one thousand dollars? Between one and five thousand dollars? Over five thousand dollars? If they have incurred just expenses? If there are two or more executors or administrators? If there is personal property left