2046 TESTAMENTARY LAW. [ART. 93

If an executor fails to pay a legacy after the lapse of thirteen mouths his
bond is liable to suit without an order of court. Unnecessary allegations.
State v. Wilson, 38 Md. 342.

A substantial following of this section in the bond is all that is required.
Waters v. Riley, 2 H. & G. 312 (dissenting opinion); cf. Howard County v.
Hill, 88 Md. 121.

Although a bond is not in the wofds prescribed by this section, if a part
gf the condition of the bond is that the administrator shall faithfully pay all
Just claims, a demurrer to a suit on the bond for the non-payment of a claim,
will be overruled. Hamilton v. State, 3 H. & J. 503; cf. Howard County v.
Hill, 88 Md. 121.

All bonds given by an executor or administrator to secure the payment of
debts and legacies and the administration of assets, are testamentary or
administration bonds within the meaning of article 57, section 3. State v.
Boyd. 2 G. & J. 373; cf. State v. Suowden, 7 G. & J. 433.

The action of detinue held not to come within the condition of an admin-
istration bond. Hecking v. Howard, 3 H. & McH. 203.

For a bond stated to be in conformity with this section, see Alexander v.
Fidelity and Deposit Co., 108 Md. 543.

See notes to sec. 38; see also, sec. 105.

The bond of an executor is liable for the collateral inheritance tax—art.
81, sec. 130. rt seq.

As to counter and new security, see art. 90, sections 1 aud 2.

As to the allowance of the cost of corporate surety bonds out of the estate,
see art. 24, sec. 10. Trust companies are not required to give bond as execu-
tor, administrator, etc.—art. 11. sec. 48.

1904, art. 93, sec. 49. 1888, art. 93, sec. 50. 1860, art. 93, sec. 50. 1798, ch. 101,

sub-ch. 3, sec. 12. 1,844. ch. 184, sec. 6. 1844, ch. 237. sec. 6.

1847, ch. 230.

50. Every executor or administrator, after filing his bond, and
before letters shall be committed to him, shall be required to take the
following oath, to be administered by the register of wills or orphans'
court: "I, ————, do swear that I will well and truly administer
the goods, chattels, personal estate and credits of ————, late of
————, deceased, to the best of my knowledge, according to law; and
will give a just account of my administration when thereto I shall be
lawfully called; and that I will diligently and faithfully regard, and
well and truly comply with the law imposing a tax on the commis-
sions allowed to executors and administrators, and a tax on collateral
inheritances, distributive shares and legacies, so help me God.'' Which
said oath shall be recorded by the register of wills.

Ibid. sec. 50. 1888. art. 93. sec. 51. 1860, art. 93. sec. 51. 1798. ch. 101.
sub-ch. 3, sec. 13.

51. The following shall be the form of letters testamentary: Mary-
land, ss: The State of Maryland to all persons to whom these presents
shall come, greeting:

Know ye, that the last will and testament of ————, of ————,
deceased, hath been in duo form of law exhibited, proved and recorded
in the office of the register of wills for ———— county, a copy "of which
is to these presents annexed, and' administration of all the goods, chat-
tels and credits of the said deceased is hereby granted and committed
unto ————, the executor by the said will appointed. Witness, A. B.,