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Appendix,
containing
rules omit-
ted under
their proper
beads.
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by the former executor or administrator, under the court's
direction.
SEC. 3. A common warrant for land not executed or located
in the life-time of the deceased, shall be assets after his death,
in the hands of an executor or administrator, and subject to dis-
tribution, as well as every debt due to, or just claim of, the
deceased ; and if a common warrant for land be executed or
located as aforesaid, it shall be considered as the property of
the heirs.
SEC. 4. No personal action shall abate by the death of either
party, but executors and administrators shall notice and con-
form to the directions of the act of seventeen hundred and
eighty-five, chapter eighty, respecting their prosecution or de-
fence of such action.
SEC. 5. If any thing be bequeathed to an executor, by way
of compensation, no allowance of commission shall be made,
unless the said compensation shall appear to the court to be
insufficient, and if so, it shall be reckoned in the commission to
be allowed by the court.
SEC. 6. No executor shall be obliged to exhibit any invento-
ry, or account, provided he will give bond, instead of the bond
herein before directed, with such security, and in such penalty,
as the court shall approve, to the state of Maryland, to be re-
corded and sued as before directed, with condition 'for paying
all just debts of, and claims against, the deceased, and all
damages which shall be recovered against him as executor^ and
also all legacies bequeathed by the will,' provided the said
executor be residuary legatee, or provided the residuary legatee
of full age, shall notify his or her consent to the court ; and in
case such bond be given by an execntor, he shall be answera-
ble for all debts, claims and damages, recovered against him as
executor; and if suit be brought against him as executor, the
judgment shall be for the whole sum found by the jury, or
otherwise ascertained, and execution may issue, and have effect,
as if he were sued in his own right; and any legatee shall be
entitled to recover the full amount of his legacy, either in a suit
upon the said executor's bond, or in a suit in chancery, as is
usual in case of legacies, or in an action on the case, in which
the giving of such bond shall be considered as an assent to the
legacy.
SEC. 7. No administrator, entitled to the whole residue after
payment of debts of, and claims against, the intestate, shall be
obliged to return an inventory or account, provided he will give
bond, with such security, and in such penalty, as the court
shall approve, conditioned for paying all debts, claims and
damages, which shall be recovered against him, as adminis-
trator; and in case he shall give such bond, he shall be
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