DECEDENTS' ESTATES.
Mr. COMPTON from the Special Committee thereon, returned Section 177 of the bill [S. 351] concerning the settlement and distribution of decedents' estates, recommending a substitute therefor.
"The Court may make allowance to such executor or administrator when he makes his report in partial or final statement for his services as the Court thinks just and reasonable, including expenses in the discharge of his duties, and a reasonable attorney's fee when he employs an attorney, but in no case shall such attorneys' fees be included in the allowance to such executor or administrator for his personal services."
The substitute was adopted.
Mr. COMPTON moved to amend Section 159 by adding thereto among preferred claims, as item 6, these words: "A sum not exceeding $50 for wages due any employe for work and labor performed for decedent within two months prior to his death."
Mr. BELL favored the amendment. The bankrupt law in this country and in England always preferred this class of claims.
Mr. TRAYLOR is satisfied the emergency to apply this provision would not occur in one case out of 500.
Mr. CHAPMAN insisted there was no right to administer the estate of a decedent so as to change the character of the obligations made during the lifetime of the deceased. Presumably a man's life is of more value to him than anything else, and so the claims for medicine and medical attendance are always preferred claims.
Mr. VAN VORHIS thought under this amendment laboring men will get their money earlier than otherwise, and with that view would favor the amendment.
Mr. HENRY had no objection to its being made the sixth item, but objected to its being made fifth. He made a motion to that effect.
Mr. COMPTON so changed his amendment.
The amendment was agreed to.
Mr. BUNDY proposed to amend so as to allow the executor or administrator to pay a claim he knows is just and right without placing the same on the appearance docket.
Mr. MENZIES insisted the creditor should have the right to a record to avoid any after overhauling
Mr. TRAYLOR opposed the amendment. Claimants employ no attorney, usually, and the administrator sometimes without proper inquiry pays more than is just. For instance, payments made on notes and not credited. The creditor will accept all the administator will pay, as a general thing.
Mr. VIEHE believed all claims should be filed in the Clerk's office so they may be subjected to inspection by all parties interested.
Mr. HENRY reninded Senators that the administrator was responsible on his bond.
The amendment was rejected.
The bill was ordered engrossed for the third reading.
