In case of an executor of a last will and testament which has been admitted to probate in any county court in this state, and in case of an administrator of the estate of a deceased intestate, upon making a satisfactory showing to the court of the inability of such an executor to find any legatee or devisee named in such will, or of the inability of an administrator to find an heir at law to which the county court has ordered payment to be made out of funds in his hands, or in case such legatee, devisee or an heir at law is found, and shall refuse to accept the legacy, devise, or amount ordered paid by the county court to such heir at law, or in case of any creditor whose claim has been allowed and who cannot be found or to whom for any reason payment cannot be made by such executor or administrator to such claimant, it shall be lawful for such executor or administrator to pay the county judge of the county having the settlement of such estate in charge, the amount of such legacy, devise or sum so ordered paid to an heir at law, or the amount of such claim so allowed and unpaid, for the use and benefit of such persons, and such payment shall discharge such executor or administrator from all further liability with reference thereto.

Source

  • Laws 1909, c. 40, § 1, p. 226;
  • R.S.1913, § 1242;
  • C.S.1922, § 1165;
  • C.S.1929, § 27-545;
  • R.S.1943, § 24-550;
  • Laws 1967, c. 139, § 1, p. 425;
  • R.S.Supp.,1969, § 24-550;
  • Laws 1972, LB 1032, § 60;
  • R.S.1943, (1985), § 24-560.

Terms Used In Nebraska Statutes 25-2714

  • Devise: To gift property by will.
  • Executor: A male person named in a will to carry out the decedent
  • Intestate: Dying without leaving a will.
  • Legacy: A gift of property made by will.
  • Legatee: A beneficiary of a decedent
  • Probate: Proving a will
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
  • State: when applied to different states of the United States shall be construed to extend to and include the District of Columbia and the several territories organized by Congress. See Nebraska Statutes 49-801