A. D. Proof of ad vertisement to be filed. the day and at the time so to be appointed, before the said Court to intervene for their interest in said estate. The day fixed in said citation, on which cause shall be shown as aforesaid, shall be the first Monday in the month, and shall not be less than three months after the date of said citation. The said citation shall be published once a week for six successive weeks in one newspaper published in the County in which said Probate Court is held; the first publication of the said citation to be made within ten days after the date thereof; said newspaper to be designated by the said Judge of Prebate: Provided, The said Judge of Probate shall have right. in his discretion, to order such citation to be published once a week for three successive weeks in one other newspaper published in such other place as he shall think most likely to give notice to the parties interested in said estate. Distributee absent from State for more than seven years before death intestate presumed to be dead then, and administrator must distribute accor ingly.-Burns v. Ford, 1 Bail., 507. Sec. 3333. The publication of said citation as here before prescribed shall be proved by filing with the sa Civ. '02, Judge of Probate copies of the newspapers containing the publication of said citation, and the affidavit of the publisher or printer of the said respective newspapers. 2566. parties do not 2567. Decree of Sec. 3334. At the time fixed in said citation for cause! distribution. made, when be shown as aforesaid, due proof of publication having beet appear. made and filed as hereinbefore required, if no person appear Civ. '02, as therein required, the said Probate Court shall decree ditribution of said estate to be made as if the person whose whereabouts or the fact of whose death is unknown ha died before the intestate, and distribution so made by the administrator or administrators shall be a full and complete discharge to the administrator or administrators. Proceedings Sec. 3335. At the time fixed in the said citation for cause discharged if parties ap to be shown as aforesaid, due proof of publication having been made and filed as hereinbefore required, if the pers whose whereabouts or the fact of whose death was unknow shall appear, all further proceedings shall be discharged Provided, however, If the identity of such person so appear ing shall be disputed by the administrator or administrs tors or any distributee of such intestate or the legal repre sentatives of any such distributee, the said Probate Court pear. Civ. '02, 2568. shall proceed to hear and determine the said controversy, and if the same be determined against the said person so appearing, distribution of the said estate shall be made as prescribed in Section 3334 of this Chapter; but if the same be determined in favor of said party so appearing, he shall be held and deemed to be the person whose whereabouts or the fact of whose death was unknown, such determination in either case, however, to be subject to appeal as provided by law in other cases of appeal from the Probate Court. A. D:1012, Sec. 3336. At the expiration of the time fixed in the said when parties citation for cause to be shown as aforesaid, due proof of pub- expiration of appear after time. lication having been made and filed as hereinbefore required, Civ. '02, 8 if any person or persons shall appear claiming to be heir, 2569. or distributee, or personal representative of the person whose whereabouts or the fact of whose death is unknown, or otherwise entitled to his estate, and claiming a distributive share in the intestate's estate, the said Probate Court shall proceed to hear and determine whether the said person, whose whereabouts or the fact of whose death is unknown, died before or after the intestate, and if the determination be that such person whose whereabouts or the fact of whose death s unknown died before the intestate, distribution of such ntestate's estate shall be made accordingly; but if the letermination be that the said person whose whereabouts or the fact of whose death is unknown died after the death f the intestate, the said distributive share of such person hall be paid and delivered by the said administrator or dministrators to the person or persons legally entitled to eceive the same, such determination in either case, however, o be subject to appeal as provided by law in other cases of ppeal from the Probate Court. Sec. 3337. Nothing herein contained shall debar or pre-tribution not ent any such person whose whereabouts was unknown at e time of the distribution of the said estate as aforesaid, civ. '02, § nd who shall, within three years after the distribution of e estate as aforesaid, appear and claim his or her said stributive share as heir at law or distributee, from recoverg from the other distributees between whom the said tate has been divided as aforesaid, or any of them, his or Right to disbarred within three years. 2570. A. D. 1912. her said share, or such portion thereof as any such distrib utee may have received from the said estate, over and above his or her individual share, by reason of the absence of such person whose whereabouts was not known at the time of the said distribution. Acceptance of dower by widow bars her right to distributive share of estate.-Glover v. Glover, 45 S. C., 51; 22 S. E., 739; Buist v. Dawes, I Rich. Eq., 281; Evans v. Pierson, 9 Rich. L., 12. the heirs and ly. Section 3338. Where several persons have, by bonds or Debt upon specialty suaother specialties, bound themselves and their heirs, and have ble against afterwards died seized in fee simple of and in lands, tene-devisees jointnents, and hereditaments, or having power or authority to Civ. '02, dispose of or charge the same by their wills or testaments, 2571. ave, to the defrauding of their creditors, by their last wills or testaments devised the same, or disposed thereof in such manner that such creditors have lost their said debts, every uch creditor shall and may have and maintain his, her, or heir action upon his, her, and their said bonds and specialies, against the heir and heirs at law of such obligor and bligors, and such devisee and devisees jointly. Lands devised subject to lien of judgment against executor of devisor.- In such action at law the executor cannot be joined.-Vernon v. Valk, 2 Devise false answer. Sec. 3339. Such devisee or devisees shall be liable and argeable for a false answer by him or them made, in the chargeable for me manner as any heir should have been for any false Civ. '02, 3 swer by him made, or for not confessing the lands and 2572. nements to him descended. AD: 1912, raising por tions pursuant Sec. 3340. Where there has been, or shall be, any limitaDevise fortion or appointment, devise or disposition of or concerning to a marriage any lands, tenements, or hereditaments, for the raising or contract good. payment of any real and just debt or debts, or any por Civ. 02, $tion or portions, sum or sums of money, for any child of 2573. If heir alien before action, 1 he shall be liable for debts value of land sold. children of any person, other than the heir at law, accord ing to or in pursuance of any marriage contract or agree ment in writing, bona fide made before such marriage, the same and every of them shall be in full force; and the said lands, tenements, and hereditaments, shall and may be holden and enjoyed by every such person or persons, his. her, or their heirs, executors, administrators, and assigns, for whom the said limitation, appointment, devise, or disposition was made, and by his, her, and their trustee or trustees, his, her. and their heirs, executors, administrators, and assigns, for such estate or interest as shall be so limited or appointed devised, or disposed, until such debt or debts, portion or por tions, shall be raised, paid, and satisfied. Sec. 3341. In all cases where any heir at law shall be liable to pay the debt of his ancestor in regard of any lands of ancestor to tenements, or hereditaments, descending to him, and shall 'sell, alien, or make over the same before any action brought Civ. 02, against him, such heir at law shall be answerable for such debt or debts to the value of the said land so by him sold. aliened, or made over. 2574. ferred. Civ. '02, § 2575. Martin v. Jennings, 52 S. C., 371; 29 S. E., 807; Lowry v. Jackson, S. C., 323; 3 S. E., 473; Hendrix v. Seabrook, 25 S. C., 481. Exempts lands bona fide alienated before action brought.—Galloway 1 Galloway, 76 S. C., 524; 57 S. E., 528. Creditors pre- Sec. 3342. In any of the cases referred to in the last Sec tion, creditors shall be preferred as in actions against execu tors and administrators, and execution shall be taken out upon any judgment or judgments so obtained against such heir, to the value of the said land, as if the same were his own proper debt or debts, saving that the lands, tenements. and hereditaments, bona fide aliened before the action brought, shall not be liable to such execution. Jones v. Wightman, 2 Hill, 579; Richardson v. Chappell, 6 S. C., 148 Lanier v. Griffin, 11 S. C., 583; Adger v. Pringle, 11 S. C., 548; Warren Raymond, 12 S. C., 22; Smith v. Grant, 15 S. C., 147; Warren v. Raymond 17 S. C., 196. |