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§58-624.
§58-624.
If at the hearing it appears that the estate is but little indebted,
and that the share of the party applying may be allowed to him without
loss to the creditors of the estate, the court must make an order in
conformity with the prayer of the applicant, requiring:
1. Each heir, legatee or devisee obtaining such order, before
receiving his share of the estate or any portion thereof, to execute
and deliver to the executor or administrator a bond, in such sum as
shall be designated by the court, with surety or sureties to be
approved by the court, payable to the executor or administrator, and
conditioned for the payment, whenever required, of his proportion of
the debts due from the estate, not exceeding the value or amount of
the legacy or portion of the estate to which he is entitled. If the
court determines that the circumstances are such that a bond is not
necessary, the court may order that no bond shall be required.
2. The executor or administrator to deliver to the heir, legatee or
devisee the whole portion of the estate to which he may be entitled,
or only a part thereof, designating it.
If, in the execution of the order, a partition is necessary between
two or more of the parties interested, it must be made in the manner
hereinafter prescribed. The costs of these proceedings shall be paid
by the applicant, or if there be more than one, shall be apportioned
equally amongst them.
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