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Hanson's Laws of Maryland 1763-1784
Volume 203, Page 220   View pdf image (33K)
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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.
                                                        K k k

 
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Hanson's Laws of Maryland 1763-1784
Volume 203, Page 220   View pdf image (33K)
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