ART. 93.] TESTAMENTARY LAW. 667

221. Every administrator shall likewise return within the time
and under the pain aforesaid, with an affidavit of the truth an-
nexed, an inventory of the money belonging to the deceased,
which hath come to his hands, and a list of the debts due to the
deceased which have come to his knowledge, specifying the
nature of each debt, and setting down such as he shall deem
sperate, distinct, and separate from those which he shall deem

desperate or doubtful.

222. It is not the intent of this article that an administrator
shall be answerable at all events for a debt which he shall return
sperate, but merely to enable the court and all parties concerned .
to form a just estimate of the circumstances of the decedent.

223. The court shall examine every list of debts returned by an

administrator, and for every debt which the court shall not mark

as desperate or improper to be put in suit, the administrator

shall commence a suit, unless the debt be paid within six months

thereafter, or unless the debtor be out of the State, or unless the

court shall think reasonable an excuse made within one month

after the lapse of the said six months for not bringing suit; and

on failure to bring suit as aforesaid, the party shall be liable to a

suit on his administration bond, and to such damages as shall be

found by the jury.

224. The bare naming an executor in a will, shall not operate
'to extinguish any just claim which the deceased had against him;
but it shall be the duty of every such executor accepting the
trust, to give in such claim in the list of debts; and on his failure
to give in such claim, or any part thereof, any person interested in
the administration may allege the same by petition to the Orphans'
Court granting the administration, and the said court, with the
consent of the parties, may decide on the same, or it may be
referred by the parties with the court's approbation, or at the
instance of either party the court may direct an issue or issues to
be tried, and the same shall be tried in the Circuit Court for the
county, or the Superior Court of Baltimore city, as other issues
from the Orphans' Court; and the Circuit Court or Superior Court
shall have power to direct the jury and grant a new trial, as if
the issue or issues were in a suit therein instituted, and a certifi-
cate from such court, or the judge thereof, of the verdict, or
finding of the jury, under the seal thereof, shall be admitted by
the Orphans' Court to establish or destroy the claim, or any part
thereof; and if the executor shall give in such claim, or any part