|
How and
of whom
letters tes-
tamentary
or of admi-
nistration
are to be
obtained.
|
tration is granted; and any person conceiving him or herself
interested in the administration of the estate, shall be entitled
to, and have on demand, a copy of such bond, and a certificate
from the register, under his hand and the seal of his office, upon
which copy and certificate an action may be maintained, in the
name of the state, for the use of the party interested, and judg-
ment may be recovered, upon such action for the damage actu-
ally sustained.
SEC. 11. The condition of the bond to be passed by any exe-
cutor or executrix, administrator or administratrix, shall be as
follows, or to the following effect : 'The condition of the above
obligation is such, that if the above bounden —— —— shall
welt and truly perform the office of executor or executrix,
administrator or administratrix, of —— —, late of ———,
deceased, according to law, and shall, in all respects, discharge
the duties of him (or her) required by law, as executor or exe-
cutrix, or administrator or administratrix, aforesaid, without any
injury or damage to any person interested in the faithful per-
formance of the said office, then the above obligation shall be
void ; it is otherwise to be in full force and virtue in law.'
SEC. 12. Every executor or executrix, administrator or admi-
nistratrix, 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, of
—— , —— , late of ———— , deceased, to the best of my know-
ledge, according to law, and will give a just account of my
administration when thereto I shall be lawfully called ; so help
me God.'
SEC. 13. The following shall be the form of the letters testa-
mentary to be granted to an executor, executrix or executors,
under the seal of the orphans court: 'Maryland, sc. 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 exhi-
bited, 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 execu-
tors,) by the said will appointed. Witness A. B. chief justice of
the orphans court of ——— county, this day of ——— .
Test, G. D. register of wills for ——— county.'
|
