ART. 93.] TESTAMENTARY LAW. 643
said 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) until the plaintiff shall
be able to show further assets coming into the defendant's hands,
but if the plaintiff shall prove notice as aforesaid, of the said
claim against the defendant, judgment may immediately be given
for such sum as the plaintiff ought to have received at the divi-
dend, and fieri facias may issue and have effect, and further
judgment may be given on coming in of further assets.
110. 'No administrator who shall, after the lapse of one year
from the date of his letters, have paid away assets to the dis-
charge of just claims, shall be answerable for any claim of which
he had no notice, by an exhibition of the claim legally authen-
ticated; Provided, that at least six months before he shall make
distribution, he shall have caused to be inserted in so many
newspapers as the Orphans' Court may direct, an advertisement
as follows, or fully to the following effect, viz.: " This is to give
notice, that the subscriber, of , hath obtained from the
Orphans' Court of county in Maryland, letters testa-
mentary (or of administration) on the personal estate of,
late of , deceased. All persons having claims against the
deceased, are hereby warned to exhibit the same with the
vouchers thereof legally authenticated to the subscriber, on or
before the day of next; they may otherwise by
law be excluded from all benefit of said estate. Given under
my hand this day of -."
111. The administrator may report to the court, with an
affidavit of the truth thereof annexed, the fact of having given
such notice, and the court, on being satisfied that their order
has been complied with, and the said notice has been given,
shall endorse on said report their certificate that it hath been
proven to their satisfaction that said notice hath been given as
therein reported, and shall order said report and certificate to
be recorded among the records of the court.
112. The said report and certificate shall be prima facie
evidence, in all cases whatever, of the giving of such notice as
therein stated.
113. A copy of said report, certificate, and order, under the
seal of the Register of Wills of the county in whose office such
|
|