2030 TESTAMENTARY LAW. [ART. 93

the court to be correct, be admitted to record as other administration
accounts.

Purpose of this section. What an executor passing an account under
this section may do. The account should be passed on by the court. Baker
v. Bowie, 74 Md. 471.

Where a petition against the executor of a deceased executor alleges that
the deceased executor failed to account for certain money belonging to his
decedent, his executor is bound to account under this section, and the
orphans' court has power to compel him so to do under section 236. Mun-
caster v. Muncaster, 23 Md. 288; Hignutt v. Cranor, 62 Md. 220.

The administrator of the deceased administrator is required to account
because there is a privity, and a mediate representation of, and Indebted-
ness to, the first deceased. Hammond v. Hammond, 2 Bl. 349.

No action of the courts can deprive the administrator of a deceased admin-
istrator of his right to show payments made by his decedent Payments
will be allowed though made prior to the statement of a former account.
Donaldson v. Rnborg, 28 Md. 54.

A question of interest on the money in the hands of the deceased admin-
istrator should be raised by a preliminary proceeding under this section,
and not under section 72. Limitations and laches. Donaldson v. Raborg, 26
Md. 328. And see Donaldson v. Raborg, 28 Md. 53; Biays v. Roberts, 68 Md.
614. As to interest, see also, Smithers v. Hooper, 23 Md. 286.

An account passed by the executor of an executrix after the latter's death,
held to be unauthorized by the act of 1816, ch. 203. Haslett v. Glenn, 7 H.
& J. 23.

1904, art. 93, sec. 12. 1888, art. 93, sec. 12. 1860, art. 93, sec. 12.
1829, ch. 216, sec. 2.

12. The husband of an administratrix who shall die before a final
account of her administration shall have been settled shall render
such account, showing thereby the amount of money and property
received, and of payments and disbursements made by such adminis-
tratrix, or that may have been received or paid by him, and not
before accounted for with the court; and the account so rendered
shall, if found by the court to be correct, be admitted to record as
other administration accounts, in cases where the administratrix ren-
dered them in person; and in case of refusal of the husband to render
iuch account, the court may proceed against him by attachment, and
may commit him until he shall render such account.

This section does not authorize the husband to administer property left
unadministered by the deceased administratrix. Gavin v. Carling, 55 Md.
536.

Ibid. sec. 13. 1888, art. 93. sec. 13. 1860, art. 93, sec. 13. 1785. ch. 80,
sec. 8. 1798, ch. 101, sub-ch. 8, sec. 2.

13. The orphans' court shall have power to make allowance to any
administrator or collector for property of the decedent which hath
perished or been lost without the fault of the party; and no profit shall
be made and no loss sustained by an administrator in the increase or
decrease of the estate under his management; but the administrator
shall return an inventory and account for such increase, and may be
allowed for such decrease on the settlement of the final or other account.
Oited but not construed in Gibbons v. Riley, 7 Gill. 84.