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ART. 93] ADMINISTRATION BY COLLECTOR. 2049
Administration by Collector.
1904, art. 93, sec. 59. 1888, art. 93, sec, 60. 1860, art. 93, sec. 60. 1798, ch. 101.
sub-ch. 3, sec. 14.
60. Letters ad colligendum may be granteds by the orphans' court of
the county in which the will was proved or authenticated or where let-
ters of administration ought to be granted in cases of delay on account
of absence from the State of an executor, a contest relative to the will,
or right of administration, or the absence or neglect of an executor or
person entitled to administration to qualify, or from any other cause,
and such letters may be granted to one or more persons, in the discre-
tion of the court, in case the personal estate of the deceased shall be
supposed to be in different counties.
When the right of an administrator ad colligendum to sue is challenged,
he need only show that he was appointed and bonded before suit brought;
proof held sufficient. A court of law can not inquire into the propriety of
the grant of letters. Wilson v. Ireland, 4 Md. 448.
This section referred to in construing sections 5 and 65—see notes thereto.
Wilson v. Wilson, 3 G. & J. 22.
See notes to sec. 5.
Ibid. sec. 60. 1888, art. 93, sec. 61. 1860, art. 93, sec. 61. 1798, ch. 101.
sub-ch. 3, sec. 15.
61. The form of such letters shall be as follows: Maryland, ss: The
State of Maryland, to all persons to whom these presents shall come,
greeting: Know ye that whereas ————, of ————, deceased, had, as
it is said, at his decease, personal property within this State, adminis-
tration whereof can not immediately be granted, but which, if speedy
care be not taken, may be lost, destroyed or diminished; to the end
therefore that the same may be preserved for those who may appear to
have a legal right or interest therein, we do hereby request and authorize
————, of —————, to secure and collect the said property wheresoever
the same may be in this State, (or in ————— county or counties,)
whether it be goods, chattels, debts or credits, and to make or cause to
be made a true and perfect inventory thereof, and to exhibit the same
with all convenient speed, together with a reasonable account of his
collection, into the office of the register of wills of ———— county. Wit-
ness —————. chief justice of the orphans' court of ———— county.
Test: C. D., register of wills for ———— county.
Cited but not construed in Baldwin v. Mitchell, 86 Md. 381.
Ibid. sec. 61. 1888. art. 93, sec. 62. 1860, art. 93, sec. 62. 1798, ch. 101,
sub-ch. 3. sec. 16.
62. Every collector, before such letters shall be granted to him, shall
execute a bond to the State in a penalty, and with security approved
by the said court, to be filed, recorded and sued as an administration
bond, with the following condition: "The condition of the above obliga-
tion is such, that if the above bounden ———— shall well and honestly
discharge the office of collector of the goods, chattels and personal estate
and debts of —————, deceased, in the State of Maryland, (or ————-
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