TESTAMENTARY SYSTEM.
" counties,) whether it be goods, chattels, debts or credits, and to
make or
" cause to be made a true and perfect inventory thereof, and to exhibit
the same,
" with all convenient speed, together with a reasonable account of his
collection,
" into the office of the register of wills for ------ county. Witness
A. B.
" chief justice of the orphans court for ------ county.
" Test. C. D. Register of Wills
for ------ county."
16. But before letters to collect shall be
granted, the party shall give bond, to
be filed, recorded and sued as aforesaid, in such penalty as the court
shall direct,
and the condition thereof shall be as follows:
" The condition of the above obligation is such, that
if the above bounden
" ------ ------, shall well and honestly discharge the office of collector
of
" the goods, chattels, and personal estate and debts, of ------ ------,deceased,
" in the state of Maryland, (or ------ county,) and shall make, or
" cause to be made, a true and perfect inventory or inventories of such
of the
" said goods, chattels, personal estate and debts, as shall come to
his or her
" possession or knowledge, and the same shall in due time return to the
register
" of wills of ------ county, and shall also deliver to the person or persons
who
" shall be authorised by the orphans court of the said county to receive
them,
" such of the said goods, chattels, personal estate and debts, as shall
come to
" his or her possession, (except such as shall be allowed for by the said
court,)
" then the above obligation is to be void, or is otherwise to remain in
full force
" and virtue in law."
17. And every collector as aforesaid shall
be required, on granting the said
letters, to take the following oath, (or affirmation, as the case may require:)
" I ------ ------ do swear, that I will well and honestly
discharge the
" office of collector of the goods, chattels, personal estate and debts,
of ------,
" deceased, according to the tenor of the letters granted to me by the
orphans
" court of ------ county, and agreeably to the directions of law, to the
best
" of my knowledge. So help me God."
18. A collector so appointed shall have power
to collect the goods, chattels,
personal estate and debts, according to the tenor of the said letters,
and to secure
the same at such reasonable and necessary expence, as shall be allowed
by the
court; and the court may authorise him, immediately after appraisement,
to sell
such as shall be perishable, or not to be preserved, and to account for
the same;
and for the whole trouble incurred by a collector, the court may allow
a commission
on the amount of the property and debts actually collected, and afterwards
delivered to an executor or administrator, as to the court shall seem just,
not
exceeding three per cent. or the court may allow a commission on
the whole inventory,
not exceeding two per cent.
19. No collector as aforesaid shall have the
power to bring suit for debts, or to
release the same, or to do any act further than is before mentioned.
20. On the granting of letters testamentary,
or of administration, the power
of any such collector shall cease; and it shall be his duty to deliver,
on demand,
all the property and money of the deceased in his hands, except as before
excepted,
to the person or persons obtaining such letters; and in case of the collector's
evading such demand, or refusing or neglecting to deliver according to
such demand,
made at a reasonable time and place, either the court may proceed against
him by attachment, and impose a fine not exceeding thirty dollars, or his
bond
may be sued by the executor or administrator.
CHAP. V.
To whom letters testamentary may be granted.
1. If any person, named as an executor or executrix
in a will, shall be, at the
time when administration ought to be granted, under the age of eighteen
years, or of unsound mind, incapable according to law of making a contract,
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