| 1810.
CHAP. 34.
No devise, &c. to
lapse by death of
any devisee named
in will, &c. |
LAWS OF MARYLAND.
4. AND BE IT ENACTED, That from and after the
passage of this
act, no devise, legacy or bequest, shall lapse or fail of taking effect
by reason of the death of any devisee or legatee named in any last
will or testament, or any codicil thereto, in the life-time of the
testator, but every such devise, legacy or bequest, shall have the
same effect and operation in law to transfer the right, estate and
interest, in the property mentioned in such devise or bequest, as if
such devisee or legatee had survived the testator. |
Court to appoint
two disinterested
persons to make
distribution of specific
articles, &c. |
5. AND BE IT ENACTED, That it shall be in
the power of the
several orphans courts in this state, whenever a distribution of
specific articles is to be made, to appoint two disinterested persons,
not in any way related to the parties concerned, to make
such distribution among the persons entitled, as to them shall seem
meet and proper, or if, in their opinion upon a view of such specific
articles, no distribution among the persons entitled could be by
them made, which should operate equally, but that a sale thereof
would be more advantageous to the parties concerned, they shall
return to the orphans court their opinion, in writing, and the court
shall thereupon order a sale of such articles, upon reasonable notice,
and cause the proceeds of such sale to be equally distributed
among the parties entitled. |
Where validity
of a will is contested
letters of administration
may
be granted to persons
named as executors.
Proviso. |
6. AND BE IT ENACTED, That in all cases where
the validity of
a will is or shall be contested, letters of administration pending
such contest may, at the discretion of the orphans court, be granted
to the person named executor, or the person to whom the
largest portion of the personal estate may be bequeathed in such
contested will, or to the person who would be entitled to letters
of administration by law as in cases of intestacy; Provided always,
that upon a decision had on such contested will, the same proceedings
shall be had, and the same rules apply, as to the completion
of the administration, according to the circumstances of the case,
as are prescribed by the fifth chapter of the act to which this is a supplement. |
|
_____
|
Passed Dec. 23. |
CHAP. XXXV.
An Act for the relief of Edward L. Miles. Lib. TH. No.
2, fol. 464. |
Preamble.
|
WHEREAS it is represented to this general assembly,
by the petition
of Edward L. Miles, of the district of Columbia, that he removed
from Charles county to the district of Columbia, about four
years since, and that he lately visited his friends in said county,
and soon after his being there was arrested for debt and committed
to gaol, and that he is at this time in close confinement, and praying
a special act of insolvency may pass in his favour; and this
general assembly believing the facts therein stated to be true, therefore, |
Benefit of insolvent
laws may be
extended to him. |
2. BE IT ENACTED, by the General Assembly
of Maryland, That
the judges, or any judge, of Charles county court, be and they,
or any one of them, are hereby authorised and directed, to extend
to Edward L. MIles the benefit and relief of the act of assembly,
passed at November session, eighteen hundred and five*, entitled,
An act for the relief of sundry insolvent debtors, and the several
supplements thereto, without compelling him to produce any
evidence of his having resided within the state of Maryland for the
two years last previous to his application for the benefit thereof, in |
|
 |
