TESTAMENTARY SYSTEM.
20. Where a female is entitled, administration
may be granted to her and her
husband, provided he be capable.
21. Relations on the side of the father shall
be preferred to relations on the
side of the mother in equal degree.
22. If there be no relations, administration
shall be granted to the largest creditor
applying for the same.
23. If there shall be neither husband nor wife,
nor child nor grand-child, nor
father nor brother, nor sister nor mother, or if these be incapable, or
decline, or
refuse to appear on proper summons or notice, or if other relations and
creditors
shall neglect to apply, administration may be granted, at discretion of
the court.
24. If however letters of administration are
to be granted with a copy of the
will annexed, and there be a residuary legatee or legatees in such will,
he, she or
they, shall be preferred to all, except a widow; and it shall be incumbent
on
the court to proceed, in the manner herein before directed, with respect
to executors
within the state, before administration shall be granted to any other person;
and a male residuary legatee shall be preferred to a female, and the elder
shall be
preferred to the younger.
25. Administration may be granted to two or
more persons, with the consent
of the person first entitled, provided that administration, in all cases,
shall
extend to all the personal property of the deceased within the state, in
order that
the affairs of deceased persons be as little complicated as may be, and
that persons
interested therein may the more easily and readily obtain justice.
CHAP. VII.
Rules concerning inventories.
1. IN every case wherein letters testamentary,
or of administration, or of
collection, are granted, in order that all persons interested in the personal
estate may have an opportunity of knowing, as nearly as may be, the amount
of
the same, an inventory, in case the estate lies in one county, or can conveniently
be collected together, or inventories, in case the property lies in more
than one county, or cannot conveniently be collected together, shall be
returned
to the office granting the administration.
2. And on granting any letters testamentary,
or of administration, or of collection,
a warrant or warrants shall issue, under the seal of office, authorising
two persons of discretion, not related to the deceased, not interested
in the administration,
to appraise the goods, chattels and personal estate, of the deceased,
known to them, or to be shewn by the executor, administrator or collector.
Form of the warrant: The state of Maryland,
to ------------- and ------------,
greeting. This is to authorise you jointly to appraise the goods,
chattels and
personal estate, of ------, late of ------, deceased, so far as they shall
come
to your sight and knowledge, each of you having first taken the oath hereto
annexed,
a certificate whereof you are to return, annexed to an inventory of the
said goods, chattels and personal estate, by you appraised in dollars and
tenths
of dollars; and in the said inventory you are to set down, in a column
or columns
opposite to each article, the value thereof. Witness C. D. chief
justice
(or judge) of the orphans court in ------ county.
Test.
E. F. Register, &c.
3. And on the death, refusal, or neglect to
act, of any appraiser, another
warrant may forthwith issue in its stead.
4. The appraisers, before they proceed to act,
shall take the following oath,
annexed to, or endorsed on, the warrant, before any person authorised to
administer
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