ay over to the Judge of said Court of Probate the amount f the legacy of such legatee and any interest that may be gally due theron, and such payment of the amount of such gacy to the Judge of the said Court of Probate shall be a ill and complete discharge to the executor or executors, r the administrator or administrators, with the will anexed. The said amount so paid to the Judge of the said ourt of Probate shall be protected by his official bond, and all be held by such Court of Probate for such legatee, subct to the order of such Probate Court or any other Court competent jurisdiction. A. D. 1912, Inventory Section 3299. Where a will is proved, or application is ment to be made for administration of the estates of a person dying and appraise made upon or application tration. probate of will intestate, the Judge of Probate of the County shall require for adminis- the executors or administrators to make out an exact inventory of the personal estate of the deceased, and shall appoint 1902, three or more respectable qualified electors to appraise the same on oath, which inventory and appraisement shall be returned into his office within such time as he shall limit. Civ. '02. § 2531. XXIII, 1065. each County where are. 2532. Omission to insert property in inventory is breach of bond.—Ordinary Geiger, 1 Brev., 484. Administrator's own debt is assets in his handSchnell v. Schroder, Bail. Eq., 334. But if note out of date, putting it in inventory does not renew the debt.-Black v. White, 13 S. C., 37. Life tenant who is executrix not bound to return inventory.-Brooks v. Brooks. 12 S. C., 462. Appraisement Sec. 3300. If the goods be in several Counties, the judge to be made in of Probate of such Counties respectively shall order goods appraisement and appoint appraisers in each, which Civ. '02, appraisement, when made, shall be returned by the apprais ers into the office of the Judge of Probate where the will is recorded, or by whom administration is granted. Appraisement Sec. 3301. Every appraisement made as aforesaid may evidence to be given in evidence in any legal proceedings against executors and administrators to prove the value of the estate. but shall not be conclusive if it shall appear upon a trisl of the cause that the estate was really worth or bona fide sold for more or less than such appraisement. prove value. Civ. '02. 2533. such Appraisement as evidence.—Epperson v. Jackson, 83 S. C., 151; 65 S. E. 217. A. D. 1912, Pay of Sec. 3302. Upon the settlement of their accounts by xecutors and administrators, it shall be the duty of the praisers. Judge of Probate to allow them the sum of one dollar per civ. '02, I lay for the expense of every appraiser) during the time 2534. hat he is proved to have been employed in appraising the state of the testator or intestate. act as apprais Sec. 3303. No appraisers appointed to appraise any tes- No person to ator's or intestate's goods and chattels shall enter uponer until sworn. hat office before they shall have taken the following oath Civ. '02, 2535. 1904, before the Judge of Probate of the County, or before any XXIV, 441. officer authorized by law to administer an oath, who is ereby empowered to administer the same: "You, A. B., C. D., E. F., &c., do swear that you will nake a just and true appraisement of all and singular the oods and chattels (ready money, only, excepted) of G. H., eceased, as shall be produced by J. K., the executor or dministrator of the estate of the said G. H., deceased, and hat you will return the same, certified under your hands, nto the Judge of Probate of County within the me prescribed by law." A. D. 1912.. CHAPTER LXXII. Payments of Debts and Legacies. ARTICLE 1. Payment of Debts and Legacies. and adminis notice .Executors Section 3304. Every executor or administrator shall give trators to give three weeks' notice, by advertisement in one of the gazettes creditors toprinted in the County, or if there be none, in some gazette counts: debts of general circulation in the County, for creditors of the to be a scer estate in his charge to render an account of their demands, duly attested, and he shall be allowed twelve months to Civ. 02, ascertain the debts due from the deceased, reckoning from probate of will or grant of administration. tained in a year. 2536. If creditor Time sufficient in absence of special difficulty.-Lowman v. Lowman, S. C., 543; 48 S. E., 536. Cited in Galloway v. Galloway, 76 S. C., 524: 57 S. E., 528. Sec. 3305. If any creditor shall neglect to give in a fall to render statement of his debts within the time aforesaid, the execu ecutors or ad-tors or administrators shall not be liable to make good the account, ministrators not liable. same. Nicholson v. Whitlock, 57 S. C., 36; 35 S. E., 412: Miller v. Mitchell, Ba Eq., 437; Walker v. Gill, 2 Bail., 105: Sebring v. Keith, 2 Hill, 340: Lesespe v. Witte, 5 S. C., 450; Lanier v. Griffin, 11 S. C., 155; Crane v. Moses, 13 S. C., 578; Willingham, v. Chick, 14 S. C., 99. A. D. 1912. ment of debts. No preference Sec. 3306. The assets which come to the hands of an executor or administrator, after proper allowance to the order of payexecutor or administrator, in a due course of administra- of creditors in tion, shall be applied to the payment of his debts in the equal degree. following order, that is to say: 1. Funeral and other expenses of the last sickness, charges of probate, or letters of administration. 2. Debts due to the public. 3. Judgments, mortgages, and executions-the oldest first. 4. Rent. 5. Bonds, debts by specialty, and debts by simple contract. Mortgages, however, not to be entitled to priority over ents and debts by specialty or by simple contract, except s to the particular parts of the estate affected by the Sens of such mortgages. No preference shall be given among the creditors in equal Rank determined at death.-Hutchinson v. Bates, 1 Bail., 11; Tucker v. Civ. '02, 2538. |