2028 TESTAMENTARY LAW. [ART. 98

1904, art. 93, sec. 6. 1888. art. 93. sec. 6. 1860, art. 93, sec. 6. 1798, ch. 101,
sub-ch. 14. sec. 5. 1847, ch. 230.

6. If anything be bequeathed to an executor by way of compensa-
tion, no allowance of commissions shall be made unless the said com-
pensation shall appear to the court to be insufficient; and if so it shall
be reckoned in the commission to be allowed by the court.

This section does not apply unless the bequest is expressly made in lieu
of compensation as executor, and even then discretionary power is left in
the orphans' court provided the maximum of ten per cent, be not exceeded.
Handy v. Coiling, 60 Md. 231.

This section presents the only exception to the power of the orphans'
court to fix commissions, within the limits prescribed by section 5. In re
Watts, 108 Md. 698.

A legacy held to have been given in lieu of commissions. This section
construed in connection with section 5. An executor held not to be entitled
to additional compensation because a portion of the estate passed through
his hands as administrator pendente lite. Renshaw v. Williams, 75 Md. 505.

Ibid. sec. 7. 1888, art 93, sec. 7. 1860, art 93, sec. 7. 1823, ch, 131, sec. 1.

7. The orphans' courts are hereby authorized, wherever they are
satisfied that an agent has been employed in the administration of an
estate, to examine such agent on oath, touching all proceedings which
may have taken place relative to the administration of the estate in
which such agent may have been employed, in like manner as they
are authorized to examine administrators.

Ibid. sec. 8. 1888, art. 93, sec. 8. 1860, art. 93, sec. 8.
1820, ch. 174, sec. 7.

8. Every administrator may, within one year after the date of his
letters, return to the orphans' court a list of the debts due from his
decedent, which may be made known to him, stating the principal
and the time at which interest is to commence on each respective debt—
to which list of debts shall be annexed the oath of the administrator
that the same is a correct list of the debts due from his decedent, so
far as the said debts have come to his knowledge; and every six
months thereafter, until the estate may be finally settled, a similar
return may be made of such debts as shall come to the knowledge of
the administrator within that period—which list of debts shall be
recorded by the register of wills and a copy thereof certified under
the hand of the register, and the seal of his office shall be prima facie
evidence of the amount of debts due by the decedent in any court
where the administrator alleges that he has not assets sufficient to
discharge the claim in controversy, or any part thereof.

Ibid. sec. 9. 1888, art. 93, sec. 9. 1860, art. 93. sec. 9.
1820, ch. 174, sec. 8.

9. Such lists shall not afford any evidence of the justice or cor-
rectness of any claim therein when controverted by the administrator
in any suit instituted for the recovery of such debt, nor shall the same
be construed to take any debt out of the operation of any plea of
limitation.