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The Annotated Code of the Public Civil Laws of Maryland, 1911
Volume 372, Page 2031   View pdf image (33K)
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ART. 93] ADMINISTRATION. 2031

Administration.

1904, art. 93. sec. 14. 1888, art. 93, sec. 14. 1860. art. 93. sec. 14. 1798, ch. 101,
sub-ch. 5, sec. 2. 1865, ch. 162.

14. Whenever any person shall die intestate, leaving in this State
personal estate, letters of administration may forthwith be granted by
the orphans' court of the county wherein was the party's mansion house
or residence; or in case he had no mansion or residence within the
State, letters shall be granted in the county where the party died; and
in case the party neither had mansion or residence nor died within
this State, letters may be granted in the county wherein lies or is sup-
posed to lie a considerable part of the party's personal estate. Never-
theless whenever any person shall die, leaving in this State property
subject to administration, the said letters of administration shall be
granted in the county wherein was the mansion house or residence of
the deceased; provided, he had such property lying in said county.

The orphans' court to which application is made for letters has Jurisdic-
tion to determine the question of residence; such question held to have
been correctly determined. Oberlander v. Emmel, 104 Md. 260. And see
Stanley v. Safe Deposit Co., 87 Md. 453; Ensor v. Graft, 43 Md. 293.

Letters of administration are necessary for the transmission of title to
a legatee. Cecil v. Clarke, 17 Md. 508; Smith v. Wilson, 17 Md. 460; Cecil v.
Rose, 17 Md. 101.

There need be only prima facie evidence that the deceased left personal
estate; proof to the contrary; questions of title. Grimes v. Talbert, 14 Md.
172.

Where a will has been probated in another state and letters taken out
there, the executors are not authorized to sue in Maryland (except as
provided in section 76), until they have proven the will here under section
354, and taken out ancillary letters. Wright v. Gilbert. 51 Md. 152; Glenn v.
Smith, 2 G. & J. 493; Ratrie v. Wheeler, 6 H. & J. 94; Corrie's Case, 2 Bl.
498. But see Citizens' Bank v. Sharp, 53 Md. 521; Barton v. Higgins, 41 Md.
546; Lucas v. Byrne, 35 Md. 494.

The court will apply the same rules as to the time within which an appll-'
cation for a revocation of letters is made, as in an application for the grant
of letters. Edwards v. Bruce, 8 Md. 390. And see Clagett v. Hawking, 11
Md. 387: Edelen v. Edelen, 10 Md. 56. Cf. Stocksdale v. Conaway, 14 Md.
107.

This section declares the policy of the law that there shall be a prompt
administration of estates. This section construed to harmonize with section
16—see notes thereto. Williams v. Addison, 93 Md. 43; Jones v. Harbaugh,
93 Md. 273; Edwards v. Bruce, 8 Md, 387.

Cited but not construed in Stouffer v. Stouffer, 110 Md. 372.
As to where probate may be granted, see sec. 341.

As to the power of the orphans' court to revoke letters, see notes to
sec. 235.

As to letters taken out in the District of Columbia, see sec. 76.

See also notes to sections 60 and 341.

As to the collateral inheritance tax, see art. 81. sec. 120, et seq.

ibid. sec. 15. 1888, art. 93. sec. 15. 1860, art. 93, sec. 15. 1798, ch. 101,
sub-ch. 5, sec. 25.

15. Administration may be granted to two or more persons, with,
the consent of the person first entitled; provided, that administration
in all cases shall extend to all the personal property of the decedent
within the State.

 

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The Annotated Code of the Public Civil Laws of Maryland, 1911
Volume 372, Page 2031   View pdf image (33K)
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