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The Annotated Code of the Public Civil Laws of Maryland, 1911
Volume 372, Page 2051   View pdf image (33K)
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ART. 93] DURANTE MINORITATE——PENDENTE LITE. 2051

deliver on demand all the property and money of the decedent in hid
hands, except as before excepted, to the person obtaining such letters;
and in case of the collector's evading such demands, or refusing or
neglecting to deliver according to such demand, made at a reasonable
time and place, either the court may proceed against him by attachment
and impose a fine not exceeding ten per cent, on the amount of property
in his hands, or his bond may be sued by the executor or administrator.

Administration Durante Minoritate.

1904, art. 93, sec. 66. 1888. art. 93, sec. 67. 1860, art. 93, sec. 67. 1798, ch. 101,

sub-ch. 3, sec. 20.

67. Administration durante minoritate of an executor may be
granted by the orphans' court of the county wherein letters testamentary
should be granted, and such administration shall last until the executor
shall attain to the age of eighteen years.

Administration Pendente Lite.

Ibid. sec. 67. 1888, art. 93, sec. 68. 1860, art. 93, sec. 68. 1810, ch. 34.
sec. 6. 1894, ch. 107.

68. In all cases where the validity of a will is or shall be contested,
letters of administration pending such contest may, in the discretion of
the orphans' court, be granted to the person named executor or to the
person to whom the largest portion of the personal estate may be
bequeathed in such contested will, or to the person who would be entitled
to letters of administration by law, as in cases of intestacy.

This section has no application if the will has been probated and letters
testamentary granted although a caveat is subsequently filed. Munnikhuysen
v. Magraw. 35 Md. 290; Grill v. O'Dell, 111 Md. 66; Pacyv. Cosgrove, 113
Md. 320.

Letters pendente life are only granted iu case of a contest over a will.
Where such contest has been settled and until it is reopened, such letters are
properly refused. Munnikhnysen v. Magraw, 57 Md. 195.

This section and section 69 mean that an administrator pendente lite shall
remain in office until the issue of letters testamentary or of administration.
Reason for administration pendente lite and how long it continues. An
appointment held to be in substantial conformity with this section. Harrison
v. Clark, 95 Md. 311. And see Hanna v. Munn. 3 Md. 233; Scoffield v. Crad-
dock, 7 H. & J. 40.

An administrator pendente lite is subject to the same general rules as
other administrators; he may be required to pay the decedent's debts and
must collect and preserve the assets. Baldwin v. Mitchell, 86 Md. 380. And
see Ex Parte Worthington. 54 Md. 359.

An executor appointed administrator pcndente lite held not to be entitled
to additional compensation—see notes to section 6. Renshaw v. Williams,
75 Md. 506.

An appointment held to be in conformity with the discretion vested in
the court by this section. Mclntire v. Worthington. 68 Md. 208; Cain v.
Warford, 3 Md. 462. And see Estate of Colvln, 3 Md. Ch. 297.

This section referred to in discussing the limited discretion vested in the
orphans' court. Georgetown College v. Browne. 34 Md. 458.

Ibid sec. 68. 1888, art 93. sec. 69. 1860, art. 93, sec. 69. 1798, ch. 101.
sub-ch. 5, sec. 4. 1820, ch. 34, sec. 6.

69. In all cases where administration durante minoritate, or pen-
dente lite shall be granted, the grant of letters testamentary or of admin-

 

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The Annotated Code of the Public Civil Laws of Maryland, 1911
Volume 372, Page 2051   View pdf image (33K)
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