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Clement Dorsey. The general public statutory law and public local law of the state of Maryland, 1692-1839
Volume 141, Page 393   View pdf image (33K)
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LAWS OF MARYLAND.— 1798.

393

hands, (retaining as before directed ;) it shall likewise be his
duty, once in every term of six months, after the first distribu-
tion, to make distribution of the money which hath since come
into his hands, until he shall have fully administered, and on
failure his administration bond may be put in suit.
SEC. 15. In case all the assets shall have been paid away, or
delivered, or distributed in the manner hereafter directed, and a
claim shall afterwards be exhibited, of which the executor or
administrator hath not knowledge or notice, he shall not be
answerable for the same ; and if he be sued for any claim, and
shall make it appear to the court in which suit is brought, that
he hath so paid away, delivered or distributed, and the plaintiff
cannot prove that the defendant had knowledge or notice as
aforesaid before such payment, delivery or distribution, the
court shall not proceed to give judgment, (although the amount
of the claim against the deceased may be ascertained as herein
before directed,) until the plaintiff shall be able to shew further
assets coming into the defendant's hands, but if the plaintiff
shall prove notice, or knowledge of the said claim, against the
defendant, judgment may immediately be given for such sum as
the plaintiff ought to have received at the dividend, and fieri
facias may issue and have effect, and further judgment may be
given, as herein before directed on coming in of further assets.
SEC. 16. In all cases where an executor or administrator is to
make a payment of distribution amongst creditors, he may give
notice, three weeks successively, in some convenient newspaper,
of the time and place for making it, and in case any creditor
shall not attend in person, or by agent or attorney, to receive the
amount or proportionable part of the claim, all interest on such
claim or proportionable part shall cease from that time ; provi-
ded, that the executor or administrator shall, at any time there-
after, on demand, pay the said claim, or proportionable part, to
the party, his agent or attorney duly authorized ; and whenever
the executor or administrator shall proceed to make an addi-
tional payment or dividend, he may advertise as aforesaid, and
interest shall stop as aforesaid; and if at any additional dividend
a just claim established as hereafter directed shall be exhibited,
the creditor shall be entitled to such sum as will place him
on an equal footing with those who have already received a
dividend.
SEC. I7. In paying the debts of the deceased, an executor or
administrator shall observe the following rules : judgments and
decrees against the deceased shall be wholly discharged before
any part of other claims ; after such judgments and decrees
shall be satisfied, all other just claims shall be admitted to a
distribution, on an equal footing, without priority or preference ;
if there be not sufficient to discharge all such judgments and
50

Accounts of
administra-
tion, and
the conduct
of execu-
tors and
administra-
tors relative
to paying
and collect-
ing debts.



 
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Clement Dorsey. The general public statutory law and public local law of the state of Maryland, 1692-1839
Volume 141, Page 393   View pdf image (33K)
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