§43-2-583. Conduct of hearing; when payment or delivery directed.

On the day appointed or on any other day to which the hearing of the application may be continued, the court must hear the same; and, if it appears that the applicant is a legatee and that after the payment of his legacy there will be a sufficiency of assets to pay all the debts which have been presented, charges and other legacies which are entitled to priority, the court may direct the payment or delivery of such legacy, or any part thereof, according to the proof of assets and of the other legacies in the same degree with that of the applicant, on the legatee's executing a refunding bond according to the provisions of section 43-2-584.

(Code 1852, §1775; Code 1867, §2101; Code 1876, §2478; Code 1886, §2195; Code 1896, §263; Code 1907, §2739; Code 1923, §5978; Code 1940, T. 61, §338.)