Section 4 New claims; insufficient assets; payment - Massachusetts Statutes

[Text of section effective until July 1, 2011. Repealed by 2008, 521, Sec. 16. See 2008, 521, Sec. 44.]

Section 4. If an executor or administrator pays, under section two, so much of the estate and effects of the deceased that the remainder is insufficient to satisfy a demand of which he afterward has notice, he shall be liable on such last mentioned demand for only so much as may then remain. If two or more such demands are exhibited, which together exceed the amount of assets remaining in his hands, he may represent the estate insolvent, and shall, pursuant to a decree of the probate court, divide and pay over what remains in his hands among the creditors who prove their debts under the commission of insolvency; but the creditors of the deceased who have been previously paid shall not be liable to repay any part of the amount received by them.