|
LAWS OF MARYLAND.— 1802.
|
473
|
|
where the land is devised,* shall be considered, and is hereby
declared, to be assets in the hands of an executor or adminis-
trator, and shall be included in the inventory to be taken and
returned according to the original act.
* The exception done away by 1807, ch. 136.
SEC. 3. Repealed by 1818, ch. 204, sec. 4.
|
Crops
growing on
land of de-
ceased to
be consider-
ed as assets.
|
|
SEC. 4. And be it enacted, That the registers of wills in their
respective counties, in the recess of the orphans court, shall and
they are hereby authorized and empowered to pass any accouht
against the estate of any deceased person where the amount of
such account or claim doth not exceed the sum of fifty dollars.
|
Registers
may pass
accounts
under $50.
|
|
SEC. 5. And be it enacted, That in all cases where letters
have issued, or hereafter may issue, to any person to collect and
preserve the estate of a deceased person, it shall and may be
lawful for such collector, after complying with the requisites
prescribed by the said original act, to bring suits for the reco-
very of debts, or other property of the deceased, in the same
manner as an, executor or administrator might or could do, and
that the property recovered or received by the collector shall be
delivered to the person obtaining the letters testamentary or of
administration, and in case of neglect or refusal, such collector
may be proceeded against in the same manner as prescribed by
|
Where
letters have
issued to
any person,
he may sue
to recover
debts.
|
|
said act; Provided, that in case such letters shall be revoked,
pending any such action, either by the express revocation of
the court who issued the same, or by the granting of letters
testamentary or of administration on the same estate, there shall
be the same proceedings, and the executor or administrator, as
the case may be, shall have the same authority and control over
any such action, as in cases where the letters testamentary or of
administration of any plaintiff are or shall be revoked.
|
Proviso.
|
|
SEC. 6. And be it enacted, That if any letters testamentary or
of administration shall be revoked by the, orphans court, and
new letters granted, pending any action at law or in equity
against any person appointed au executor or administrator by
such letters so revoked, there shall be the same proceedings in
the action upon the suggestion of such revocation of the letters
as is directed by the act of seventeen hundred and eighty-five,
chapter eighty, in cases where the defendant shall have died
pending such action, and in case there had been a judgment
rendered previous to the revocation of the letters, a scire facias
shall issue upon such judgment against the proper executor or
administrator, suggesting the revocation of the letters of the
former executor or administrator, and there shall be the same
proceedings as in ordinary cases against executors and adminis-
trators, but if the letters testamentary or of administration of the
plaintiff be revoked pending such action, or after judgment as
60
|
If letters
are revoked
and new
ones grant-
ed, same
proceed-
ings may
be had as
directed by
act of 1785,
ch. 80.
|
|
 |