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§58-335.
§58-335.
When it shall appear upon the settlement of the accounts of any
personal representative that a debt or debts of the deceased have been
paid without the presentment of a claim pursuant to Section 334 of
this title, and it shall be proven by competent evidence to the
satisfaction of the district court that each such debt was justly due
but for the claimant's failure to properly present a claim, was paid
in good faith, that the amount paid was the true amount of each such
indebtedness over and above all payments or setoffs, and that the
estate is solvent, it shall be the duty of the said court to allow the
said sums so paid in the settlement of said accounts, and the payment
of any such debt shall not constitute a breach of fiduciary duty or
responsibility by the personal representative.
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