TESTAMENTARY SYSTEM.
" law, and shall, in all respects, discharge the duties of him (or her)
required
" by law, as executor, (or executrix, or administrator or administratrix,)
aforesaid,
" without any injury or damage to any person interested in the faithful
performance
" of the said office, then the above obligation shall be void; it is
" otherwise to be in full force and virtue in law."
12. Every executor or executrix, administrator
or administratrix, after filing
his or her bond for faithful performance, and before letters shall be committed
to him or her, shall be required to take the following oath, or affirmation,
as
the case may require, to be administered by the register of wills, or orphans
court: " I ------ ------ do swear, or solemnly, sincerely and truly
do affirm and
" declare, that I will well and truly administer the goods, chattels, personal
estate
" and credits, or ------ ------, late of --------, deceased, to the best
of my
" knowledge, according to law, and will give a just account of my administration
" when thereto I shall be lawfully called. So help me God."
If any executor or executrix, administrator or administratrix,
shall take out
letters testamentary, or of administration, without having taken the said
oath,
he or she, on conviction in a court of law, shall be subject to such fine
as the
court may think proper, not exceeding one tenth part of the amount of the
inventory
of the goods, chattels and effects, of the deceased, as appraised in the
manner hereafter directed.
13. The following shall be the form of the letters
testamentary to be
granted to an executor, executrix or executors, under the seal of the orphans
court;
" Maryland, ss. The state of Maryland, to all
persons to whom these presents
" shall come, greeting. Know ye, that the last will and testament
of
" ------ ------, of ------ ------, deceased, hath in due form of law been
" exhibited, proved and recorded, in the office of the register of wills
for
" ------ county, a copy of which is to these presents annexed, and administration
" of all the goods, chattels and credits, of the deceased, is hereby
" granted and committed unto ------ ------, the executor, executrix or
executors,
" (or one or more of the executors) by the said will appointed. Witness
" A. B. chief justice of the orphans court of ------ county, this ------
day
" of ------.
" Test. C. C. Register of Wills
for ------ county."
14. In case of delay, on account of the absence
from the state of an executor,
executrix or executors, named in a will, or of a contest relative to the
right of
administration, or of a contested will or codicil, or of the negligence
of any
executor or executrix named in the will to take out letters testamentary,
or the
absence or negligence of any person entitled to letters of administration,
or on
any other account, the orphans court of the county wherein the will was
proved
or authenticated, or where letters of administration ought to be granted,
may,
at discretion, issue letters, authorising the collection and preservation
of the goods
of the deceased, and the returning an inventory thereof; and the said letters
may, at discretion of the court, be directed to one person only, or to
several
persons, in case the goods or chattels and personal estate of the deceased
shall be
supposed to be in different counties.
15. The form of such letters shall be as follows:
" Maryland ss. The state of Maryland, to all persons
to whom these presents
" shall come, greeting. Know ye, that whereas ------ ------, of
" ------ ------, deceased, as it is said, had, at his (or her) decease,
personal
" property within this state, the administration whereof cannot immediately
be
" granted, but which, if speedy care not be taken, may be lost, destroyed,
or
diminished; to the end, therefore, that the same may be preserved for those
" who shall appear to have a legal right or interest therein, we do hereby
request
" and authorise ------ ------, of ------ ------, to secure and collect
the
" said property, wheresoever the same be in this state, (or in ------ county
or
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