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Accounts of
administra-
tion, and
the conduct
of execu-
tors and
administra-
tors relative
to paying
and collect-
ing debts.
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case the executor or administrator shall not tender as aforesaid
before the suit brought, the creditor shall recover no more than
the proportionable part due at the time of the dividend, and such
further proportion as he was entitled to on the coming in of
further assets, with interest on each to the time of judgment.
SEC. 11. And if any action be commenced or prosecuted
against an executor or administrator, for the recovery of larger
debt or damages than the said executor or administrator shall
think due, so that the same cannot be ascertained before ver-
dict, the executor or administrator shall be allowed to retain
such sum to meet the said debt or damages as the orphans
court shall allow, and if more than enough be allowed, the
party shall afterwards account for it, but nothing shall bo
retained on account of such further debt or damages, where the
court shall be satisfied that there will be money sufficient
coming in after such dividend to meet the said damages, or a
just proportion thereof, regard being had to other claims.
SEC. 12. The orphans court shall have power, with the con-
sent of both parties, to be entered on their proceedings, to arbi-
trate between a claimant and an executor or administrator, or
the dispute may, by the parties, be referred to any person or
persons approved by the orphans court.
SEC. 13. No executor or administrator, who shall, after the
lapse of one year from the date of his letters, have paid away
assets to the discharge of just claims, shall be answerable for
any claim, of which he had no notice or knowledge ; provided,
that at least six months before he shall make distribution, he
shall have caused to be inserted in such and so many newspa-
pers as the orphans court may direct, an advertisement, as fol-
lows, or fully to the following effect, viz. 'This is to give notice,
that the subscriber (or subscribers) of ———— , hath (or have)
obtained from the orphans court of ——— county in Maryland,
letters testamentary (or of administration) on the personal estate
of —— ——, late of ———— , deceased ; all persons having
claims against the said deceased are hereby warned to exhibit
the same, with the vouchers thereof, to the subscriber, at or
before the ———— day of ———— next, they may otherwise by
law be excluded from all benefit of the said estate. Given
under my hand, this ———— day of ———— .*
SEC. 14. It shall be the duty of an executor or administrator,
within thirteen calendar months after the date of his letters, or
within such further time, not exceeding four months longer, as
shall be allowed by the orphans court, on his making oath (or
affirmation) as aforesaid respecting the insufficiency of the per-
sonal estate to discharge all just claims known to him, or pay
each claimant his just proportion of the money then in his
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