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The Maryland Code : Public General Laws and Public Local Laws, 1860
Volume 145, Page 673   View pdf image (33K)
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ART. 93.] TESTAMENTARY LAW. 673

put in suit the administration or testamentary bond of such
executor or administrator whose letters have been revoked.

244. In all cases where special acts of Assembly have been
passed, authorizing any Orphans' Court to appoint a trustee to
sell and dispose of real estate, the property of minors, and the
trustee appointed hath died or removed without completing his
trust, the Orphans' Court of the proper county shall appoint an-
other trustee to carry into effect the provisions of the particular
act.

245. The course of proceedings shall be regulated in each case
in which proceedings may be had under the preceding section, by
the provisions of the particular act under which a trustee has
been appointed, who has died or removed, without fully executing
and completing his trust.

246. If letters testamentary or of administration shall be re-
voked by the Orphans' Court and new letters granted, pending
any action at law or in equity, against the executor or adminis-
trator whose letters are revoked, there shall be the same proceed-
ings to make the proper executor or administrator a party in the
action, upon the suggestion of such revocation, as in cases where
a defendant has died pending an action.

247. If in the case mentioned in the preceding section 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 execu-
tors and administrators.

248. If a judgment shall be obtained against an executor or ad-
ministrator, who has been made a party to a suit in the place of
an executor or administrator whose letters have been revoked,
and it shall not be found by the jury that the executor or admi-
nistrator against whom such judgment has been, rendered, has
assets sufficient to discharge the same, the plaintiff in such judg-
ment may also issue a scire facias on such judgment against the
executor or administrator whose letters have been revoked, sug-
gesting that such executor or administrator did receive assets of
the deceased, liable to such judgment, more than was paid over
or delivered by such executor or administrator, to the persons

VOL. I.—43

 

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The Maryland Code : Public General Laws and Public Local Laws, 1860
Volume 145, Page 673   View pdf image (33K)
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