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702 TESTAMENTARY LAW. [AST. XCIII
99.
See notes to section 116.
100.
See notes to section 116.
1916, ch. 14.
108A. In no case shall the mere failure of administrators or execu-
tors to plead plene administravit or insufficiency of assets of their
decedents render any judgments against them in their representative
capacity personally binding upon them as individuals or upon their
property or upon the sureties on their bonds.
116.
The fact that the claim of a plaintiff is not passed by the orphans' court
or proven as provided in sections 83, 97, 99 and 100, does not prevent such
plaintiff from maintaining a bill in equity, praying that the estate be
administered under the direction of the equity court, that the will be con-
strued, that an ante-nuptial contract be enforced, etc. Schnepfe v.
Schnepfe, 124 Md. 335.
To the second note to this section on page 2071 of volume 2 of the Anno-
tated Code, add Schnepfe v. Schnepfe, 124 Md. 336.
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Distribution.
120.
For a case dealing with the act of 1892, chapter 571 (section 32 of
article 93 of the code of 1888, now repealed), see Brian v. Tylor, 129 Md.
158.
121.
A fund, if it was treated as personalty at the date of its division between
the father and the children of his first wife, was properly distributed.
Laches. Henderson v. Harper, 127 Md. 432.
122.
This section applied. Pacholder v. Rosenheim, 129 Md. 458.
This section referred to in determining whether a widow was included
in the term "heirs" as used in a will. Shriver v. Shriver, 127 Md. 491.
1904, art. 93, sec. 125. 1888, art. 93, sec. 126. 1860, art. 93, sec. 127. 1798, ch.
101, sub-ch. 11. sec. 7. 1916, ch. 224, sec. 126.
126. If there be a father and mother and no children or descend-
ants, the whole shall be divided equally between the father and mother.
Where a testatrix gives her husband a life estate in property, and from
and immediately after his death, to her daughter absolutely if she be liv-
ing at the time of her husband's death, and if not then to her children
or descendants, and in default of children or descendants then to the
daughter's next of kin, no estate vests in the daughter until after the
death of the husband. An ultimate limitation in favor of next of kin or
heirs does not include a husband unless such an intention appears. Safe
Deposit & Trust Co. of Balto. v. Garey, 127 Md. 595.
See notes to this section in volume 2 of the Annotated Code
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