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§58-294.
§58-294.
If the person so cited refuses to appear and submit to an examination,
or to answer such interrogatories as may be put to him touching the
matters or the complaint, the court may, by warrant for that purpose,
commit him to the county jail, there to remain in close custody until
he submits to the order of the court or is discharged according to
law. If, upon such examination, it appears that he has concealed,
embezzled, smuggled, conveyed away, or disposed of any monies, goods
or chattels of the decedent, or that he has in his possession or
knowledge any deeds, conveyances, bonds, contracts or other writings,
tending to disclose the right, title, interest or claim of the
decedent to any real or personal estate, claim or demand, or any lost
will of the decedent, the district court may make an order requiring
such person to disclose his knowledge thereof to the executor or
administrator, and may commit him to the county jail, there to remain
until the order is complied with, or he is dischared according to law;
and all such interrogatories and answers must be in writing, signed by
the party examined, and filed in the district court. The order for
such disclosure made upon such examination is prima facie evidence of
the right of such administrator to such property in any action brought
for the recovery thereof, and any judgment recovered therein by the
administrator must be for double the value of the property as assessed
by the court or jury in such action; or for return of the property and
damages in addition thereto equal to the value of such property. In
addition to the examination of the party, witnesses may be produced
and examined on either side.
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