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The Maryland Code : Public General Laws and Public Local Laws, 1860
Volume 145, Page 672   View pdf image (33K)
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672 TESTAMENTARY-LAW. [ART. 93.

duct in the administration, improper use, or misapplication of the
assets of the estate by any executor or administrator, he shall
make complaint to the Orphans' Court, and if the same shall be
adjudged well founded, the court shall have authority in their
discretion to revoke the powers and authority of the executor or
administrator so complained of, and to enforce by attachment
and commitment if necessary, the surrender and delivery to the
remaining executor or administrator of the assets, and of all
book accounts and evidences of debt of the estate that may be
in the possession or control of the person so dismissed from the
administration, and the remaining executors or administrators
shall have remedy by an action on the case for the recovery of
any loss or damage they may be subject to, or suffer by the
executor or administrator whose powers shall have been revoked
as aforesaid.

242. Whenever the Orphans' Court shall revoke letters testa-
mentary, or of administration, or of guardianship, it shall be the
duty of the party whose letters or guardianship may be revoked,
forthwith to render to such court an account of his administra-
tion or guardianship, up to the period of the rendition of such
account; and in case he shall fail to do so within the time fixed
by such court, the court may compel the rendition of such
account by attachment, sequestration of property, and imprison-
ment of the party so failing, until such account shall be rendered
as aforesaid.

243. When any Orphans' Court shall revoke any letters testa-
mentary, or of administration, and there be no remaining exeeu-
tor or administrator, it shall be the duty of the court to appoint
a new administrator; and if the party whose letters testamentary
or of administration may be revoked, shall not, within a reason-
able time to be fixed by the court, deliver over to such new ad-
ministrator, or to the remaining executor or administrator, as the
case may be, all the property of the deceased remaining in his
hands unadministered, and also all the books, bonds, notes, and
evidences of debt, or funds, and all title to property or stocks
which belong to, or are due, or which may become due to the de-
cedent, in his possession, and also pay over to such new adminis-
trator, or remaining executor or administrator of the decedent,
all the money due to him as executor or administrator of the de-
cedent, the court may compel the delivery and payment over as
aforesaid by attachment and sequestration of the property of the
party whose letters may be revoked, and may also direct to be

 

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The Maryland Code : Public General Laws and Public Local Laws, 1860
Volume 145, Page 672   View pdf image (33K)
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