332 LAWS OF MARYLAND. [Ch. 167]

or of administration, the person or corporation having a claim
for such funeral expenses may present to the Orphans' Court
a petition verified by oath praying that the executor or admin-
istrator may be cited to show cause why he should not be
required to make such payment, and a citation shall be issued
accordingly. If upon the return of such citation it shall appear
that the executor or administrator has received moneys belong-
ing to the estate, which are applicable to the payment of the
claims for funeral expenses, the Orphans' Court shall, unless
the validity of the claim admitted' by such executor or admin-
istrator, take proof as to the amount and validity of the claim,
and if satisfied that such claim is valid, shall fix and determine
the amount due thereon, and shall make an order directing the
payment within ten days after the date of such order and serv-
ice of a copy thereof upon such executor or administrator of
such claim or such proportion thereof as the money in the hands
of the executor or administrator applicable thereto may be suf-
ficient to satisfy. If it shall appear that no money has come
into the hands of the executor or administrator, the proceed-
ing shall be dismissed without costs in the discretion of the
Court and without prejudice to a further application or appli-
cations showing that since such dismissal the executor or admin-
istrator has received money belonging to the estate. Such
application shall be made upon a petition verified by oath stat-
ing the facts upon which the belief of the petitioner, that there
are moneys in the hands of such executor or administrator
applicable to the payment of his claim, is based. Upon such
further application the issuance of the citation shall be in the
discretion of the Orphans' Court, and no such application shall
be made less than three months after the denial of any previous
application. If upon any accounting it shall appear that an
executor or administrator has failed to pay a claim for funeral
expenses, the amount of which has been fixed and determined
by the Orphans' Court as above set forth or upon such account-
ing he shall not be allowed for the payment of any debt or claim
against the decedent until said claim for funeral expenses has
been discharged in full; and upon failure of any executor or
administrator to pay any claim for funeral expenses, after an
order so to do, he may, upon application, be removed.

Approved April 4, 1912.