appraised by any impartial person or persons and the value so ascertained shall be taken to be the true value of such assets for the purposes of this Act. 41 Liability in certain cases for debts and legacies If— (a) before letters of administration are granted by the Master to any executor for the administration of any estate, any person takes upon himself to administer, distribute or in any manner dispose of such estate or any part thereof, except in so far as may be authorized by a competent court or by the Master or may be absolutely necessary for the safe custody or preservation thereof or for providing a suitable funeral for the deceased or for the subsistence of the family or household or livestock left by the deceased; or (b) any person to whom letters of administration have been granted administers, distributes or in any manner disposes of any property or effects belonging to the estate of which he is the executor, and which have not been contained in the inventory or inventories of such estate lodged with the Master prior to the granting of the said letters of administration, or are not contained in any inventory or additional inventory made by him and transmitted by him to the Master in terms of section thirty-eight; every such person shall thereupon become personally liable to pay to the creditors and legatees of the deceased all debts due by the deceased at the time of his death or which have thereafter become due by his estate, and all legacies left by the deceased in so far as the proceeds and assets of such estate are insufficient for the full payment of such debts and legacies: Provided that when any person who is sued for the payment of any debt or legacy which he has rendered himself personally liable to pay in manner aforesaid proves to the satisfaction of the court before which he is sued that the true amount and value of the property which has actually been duly administered, distributed and disposed of by him did not exceed a certain sum, and that his administration, distribution or disposal of the same was not fraudulent, then and in every such case such person shall only be personally liable for so much of such sum as he fails to prove has been distributed or disposed of in such manner and for such purposes as by law the same ought to have been distributed or disposed of, and for the amount of the costs by him incurred in and concerning such suit by the plaintiff therein, notwithstanding that by reason of such person’s personal liability having been restricted in manner aforesaid such plaintiff has not recovered from such person any part of the debt or legacy sued for. 42 Duty of person in possession of assets of estate of deceased person Every person not being the executor of the estate of a deceased person duly appointed in Zimbabwe who has or comes into possession or custody of any property or asset belonging to s uch estate shall forthwith either deliver such property or asset to the duly appointed executor, if any, then being in Zimbabwe or report the particulars thereof to the Master; and if such first-mentioned person fails to do so, or parts with any such property or asset to any person not authorized by the Master by letters of administration or other direction to receive the same, he shall, apart from any other liability he may incur thereby, be liable for all dues payable to the public revenue in respect of such property or asset. 43 Public notice by executors to creditors and others to lodge their claims Every executor shall, so soon as he has entered on the administration of the estate, forthwith cause a notice to be published in the Gazette and in some newspaper published or circulating in the district in which the deceased ordinarily resided, calling upon all persons having claims due, or not yet due, as creditors against the deceased or his estate, to lodge the same with such executor within such period from the date of publication thereof as is therein specified, not being less, save and except as in section sixty-six is provided, than thirty days or more than three months, as in the particular circumstances of each case is by the executor deemed proper. All claims which would be capable of proof in case of the insolvency of the estate shall be deemed to be claims of creditors for the purposes of this Act. 44 Suspension of execution against deceased estate (1) No person who has obtained the judgment of any court against any deceased person in his lifetime, or against his executor in any suit or action commenced against such executor, or which, having been pending against the deceased at the time of his death, has thereafter been continued against the executor of such person, may sue out or obtain any process in execution of any such judgment before the expiration of the period notified in the Gazette in manner in this Act provided. (2) No such person as aforesaid shall sue out and obtain any process in execution of any such judgment as aforesaid within six months from the time when letters of administration have been granted to the executor against whom execution of such judgment is sought without first obtaining an order from the High Court or some judge thereof for the issue of such process. [Subsection amended by section 4 of Act 12 of 1997.]