§ 194. Provision for pending actions. If, at the time any dividend is
made, any action or proceeding be pending against the trustees, in which
a demand against such debtor may be established, the trustees may retain
in their hands, the proportion which would belong to such demand if
established, and the necessary costs and expenses of such action or
proceeding, to be applied according to the event of such proceeding or
action, or to be distributed in a second or other dividend.