| 1802.
CHAP. 101. |
LAWS OF MARYLAND.
or administrator to the person or persons obtaining the said
letters testamentary or of administration, and in case the same shall
be controverted, it shall be ascertained and determined by a jury,
in the same manner as in cases of scire facias, suggesting assets
against the second executor or administrator, and in case of a verdict
and judgment being given against such former executor or administrator,
execution may issue thereon in the same manner as
against other executors or administrators, and the plaintiff may also
proceed against the securities in the same manner as against the
securities of an executor or administrator whose letters have not
been revoked. |
Executor, &c.
not bound to take
notice of judgment
against deceased,
&c.
Proviso. |
8. AND, whereas compelling an executor or
administrator to take
notice of all judgments and decrees against the deceased is productive
of great inconvenience, as well to the executor or administrator
as to the other creditors, in as much as he cannot, with safety,
pay off other debts, though the said judgments or decrees may be
fully discharged, unless such executor or administrator is in possession
of the receipt or other legal evidence of the payment; and it
appearing proper that such creditors, as to the manner and time of
producing their claims, should be placed in the same situation as
others; therefore, BE IT ENACTED, That an executor or administrator
shall not be bound to take notice of or discover any judgment or
decree against his or her deceased, but such judgment or decree
creditor shall exhibit his claim in the same manner as other creditors,
and in case the same shall not be exhibited, such claim shall
be barred in the same manner as if it rested on bond or simple contract;
Provided, That nothing herein contained shall extend, or be
construed to extend, to deprive such creditor of the preference given
by the original act, in cases where the claim is in due time exhibited. |
Order by register
or court not to be
valid, but may be
contested. |
9. AND BE IT ENACTED, That in no case shall
the order made
by the orphans court, or by the register of wills, that an account or
claim will pass when paid, be deemed of validity to establish such
account or claim, but in case the executor or administrator thinks
fit to contest the same, such account or claim shall derive no validity
from the order aforesaid, but shall be proved in the same manner as
if no such order had been made. |
Suits brought may
be proceeded on.
Proviso. |
10. AND BE IT ENACTED, That in all cases where
suits have
been brought, and are now depending, against an executor or administrator,
the same shall be proceeded on according to the provisions
of this act; Provided, that to enable such executor or administrator
to plead such new matter or plea as this alteration of the law
may require, and to support the same by evidence, it shall be lawful
for the court before whom such suit may be depending to continue
such suit until the end of the third term after the term to which suit
might have been continued before the passage of this act. |
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11. AND, whereas the person property of deceased
persons,
who have died or shall die intestate, without leaving representatives
within certain degrees of consanguinity by the acts of seventeen
hundred and nineteen, chapter fourteen, and seventeen hundred and
twenty-nine, chapter twenty-four, devolved on the free schools of
the county of the deceased, and in most of the counties the free
schools having been abolished, the executor or administrator of such
deceased persons have retained the property to their own use and |
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