ART. 93] ADMINISTRATION DE BONIS NON. 2053

Generally.

When an administration in the orphans' court by an administrator d. b. n.,
c. t. a. is necessary to confer title upon a legatee. Jurisdiction of equity.
Property inadvertently omitted from inventory and account. Property
acquired after the death of the testator. Myers v. Forbes, 74 Md. 3''2.

This section construed in connection with sections 31 and 32, requires that
those entitled to notice be summoned before the letters d. 6. n. are granted.
Thomas v. Knighton, 23 Md. 325. And see Wilcoxon v. Reese, 63 Md. 545.

The term "person entitled" is rot limited to those absolutely entitled as
enumerated in section 32. The whole of article 93 will be construed together.
This section construed in connection with sections 22, 23 and 29. Kearney v.
Turner, 28 Md. 424.

The party entitled having renounced, the appointment of the party next
entitled, upheld—see notes to section 37. Stocksdale v. Conaway, 14 Md. 106.

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

This section referred to in construing section 51—see notes thereto. Tuck
v. Eoone, 8 Gill, 190.

This section referred to in construing section 72—see notes thereto. Lem-
mon v. Hall, 20 Md. 170.

This section referred to in construing section 243—see notes thereto. Mac-
gill v. Hyatt, 80 Md. 257.

See notes to sec. 18.

As to the payment of the collateral inheritance tax by an administrator
d. b. n., see art. 81, sec. 138.

1904, art. 93, sec. 70. 1888, art. 93, sec. 71. 1860, art. 93, sec. 71. 1798, ch. 101,
sub-ch. 5, sec. 6. 1820, ch. 174, ch. 3.

71. In no case shall the executor of an executor be entitled as execu-
tor to administration de bonis non of the first deceased.

Cited but not construed in Bowie v. Bowie, 73 Md. 234; Scott v. Fox, 14
Md. 398; Hammond v. Hammond, 2 Bl. 349; West v. Hall, 3 H. & J. 224.

Ibid. sec. 71. 1888, art. 93. sec. 72. 1860. art. 93, sec. 72.
1820, ch. 174, sec. 3.

72. The court shall, on the application of an administrator de bonis
non, order the administrator of a deceased administrator to deliver over
to him all the bonds, notes, accounts and evidences of debt which the
deceased administrator may have taken, received, or had as adminis-
trator at the time of his death, and also to pay over to him the money
in his hands as such on or before a certain day; and upon proof of the
service of such order and the neglect or refusal of the administrator to
comply therewith by the time therein specified, the court may order the
bond of the deceased administrator, or of the administrator so refusing,
or both of them, to be put in suit by the administrator de bonis non.

The authority of the court under this section is simply to order money In
the hands of the deceased administrator to be turned over; no question of
interest can he inquired into—see notes to section 11. Limitations and
laches. Donaldson v. Raborg, 26 Md. 328. And see Donaldson v. Raborg,
28 Mcl. 53: Blays v. Roberts. 68 Md. 514.

This section impliedly clothes the court with power to inquire whether the
property is administered or unadmlnlstered. What assets are regarded as
administered? This section construed in connection with section 11—see
rotes thereto. Baker v. Bowie. 74 Md. 472. And see Lemmon v. Fall, 20
Md. 171; West v. Channell. 5 Gill, 229; Gardner v. Simmes. 1 Gill, 428. Cf.
Doraldson v. Raborg, 26 Md. 324.

This section does not vest title to property unadministered in the adminis-
trator d. b. n., nor does it give him the right of possession except upon the
court's order. Green v. Hart. 57 Md. 237; West v. Chappell, 5 Gill, 229.