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THOMAS SIM LEE, Esq; Governor.
CHAP. XXIV.
An ACT relating to the estates of deceased persons. |
1779. |
BE it enacted,
by the general assembly of Maryland, That where any gold or
silver, in coin or plate, shall belong to the estate of any deceased person,
the same shall not be appraised, but shall be returned in the inventory,
and the weight of the plate and the species of the coin particularly mentioned. |
Gold or silver
are to be appraised,
&c. |
II. And,
whereas doubts have arisen about the extent of the jurisdiction of the
orphans court, and great injustice may be done to widows and orphans, for
want
of proper powers in those courts; Be it enacted,
That the several orphans courts
throughout this state, in all cases where the estate, or such part thereof
as may be sufficient
to pay debts, and in all cases of distribution, they may direct a sale
of the
goods and chattels of the deceased, or a distribution in specie, at the
election of
the parties concerned, if they or their guardians shall desire the same,
and if no
election be made, or the parties concerned in interest differ in opinion,
then in all
such cases the said justices may direct a sale of the whole or a part of
such personal
estate, or a distribution in specie, at their discretion; and in all cases
of distribution
in specie, there shall be a re-appraisement, wherein regard shall be had
to the value
ascertained by the first appraisement, and all the personal estate (gold
or silver
coin included) is hereby subjected to such distribution in kind, any law
or custom
to the contrary notwithstanding. |
Orphans court
may direct a
sale of personal
estate, &c. |
III. And,
whereas it is represented to this general assembly, that in many instances
the personal estates of deceased persons have been appraised in current
money,
and afterwards sold by the executor or administrator at the current prices,
whereby creditors and orphans have been defrauded; Be
it enacted, That where
any personal estate has been appraised since the first day of March, seventeen
hundred
and seventy-seven, in current money, or where any estate was appraised
before
that time, and distribution thereto has not yet been made, and in all estates
hereafter to be appraised as aforesaid, if any part of such estates have
been or shall
be sold, the executor or administrator shall be answerable for the amount
of the
sales, and accountable therefor to the creditors or legal representative
of their
testator or intestate; and if hereafter any part of the personal estate
of any deceased
person shall be sold, the executor or administrator shall be answerable
and accountable
as aforesaid for the amount of the sales. |
Executors,
&c. answerable
for the amount
of the
sales, &c. |
IV. And,
whereas it may happen that the chancellor is or may be interested
in cases where bills of chancery may properly lie: And whereas the
person appointed
chancellor may have been concerned as council in causes depending in the
chancery court, Be it enacted, That
in such cases, application may be made by
bill or petition to the general court, who may hear and determine such
causes,
and an appeal may lie in such cases from the decree of the general court
to the
court of appeals, who may hear and determine in the same manner as on appeal
from the chancery court. |
Application
may be made
to general
court in certain
cases, &c. |
V. And be it
enacted, That if any person shall hereafter depart this life, leaving
an estate more than sufficient to pay all his debts, such person may settle
his
or her estate by will, and may direct that the same shall not be appraised;
and in
such case, if the executor will give bond in sufficient security, to pay
all debts
due from his testator, to pay and satisfy all legacies contained and specified
in the
will of his testator, as far as the goods, chattels and credits, of his
testator will
thereunto extend, and well and truly to perform and fulfil the will of
the deceased,
he shall not be obliged to have such estate inventoried and appraised. |
Persons may
direct their estates
not to be
appraised, &c. |
VI. This act to continue for three years,
and until the end of the next session
of assembly which shall happen after the expiration of the said three years.
Continued for three years, &c.
by the act of November, 1782, ch. 32, and for seven years, &c. by the
act of 1785, ch. 77. |
Continuance. |
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