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The Annotated Code of the Public Civil Laws of Maryland, 1911
Volume 372, Page 2056   View pdf image (33K)
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2056 TESTAMENTARY LAW. [ART. 93

to such stock be given to the proper officer having charge of the stock
book wherein such stock is entered, and having authority to make or
allow a transfer thereof before any sale or transfer thereof has actually
been made by the foreign executor or administrator; and provided
further, that administration shall not be granted to any one in this
State, except the next of kin, residuary legatee, or a creditor who shall
make oath to and exhibit the vouchers of his claim before obtaining
administration.

The proviso clause at the end of this section means that letters should be
granted to those who by the existing law were entitled, it not being intended
to take away from the orphans' court their discretion under section 31.
Dalrymple v. Gamble, 66 Md. 309.

1904, art. 93, sec. 78. 1888, art. 93, sec. 79. 1860, art. 93, sec. 79. 1839, ch. 41.
sec. 3. 1849. ch. 447. sec. 3. 1874, ch. 483, sec. 105.

79. No such foreign executor or administrator shall be authorized
to transfer any such stock until after he shall have given at least one
mouth's notice by advertisement published twice a week for four weeks
in two daily newspapers of the city of Baltimore, stating therein the
death of his testator or intestate, and the amount and description of
stock intended to be transferred.

As to the uniform stock transfer act, see art. 23, sec. 38, et seq.

Ibid, sec 79. 1888, art 93. sec. 80. 1860, art. 93, sec. 80. 1844, ch. 184.

1845. ch. 391. 1847, ch. 230. 1849, ch. 447, sec. 4.

1874. ch. 483, sec. 106.

80. The provisions of this code imposing a tax on commissions of
domestic executors and administrators shall extend to such foreign
executors or administrators; and the orphans' court of the county or
city in which the stock transferred is situated shall fix the commissions
of such foreign executor or administrator, who shall thereupon pay the
tax thereon to the register of such county or city.
See art. 81, sec. 115. et seq.

Conveyance of Real Estate.

Ibid sec 80 1888, art. 93. sec. 81. 1860, art. 93, sec. 81. 1846. ch. 279,
sec. 1. 1872, ch. 451.

81. The executor or administrator, including the administrator de
bonis non, of a person who shall have made sale of real estate, and have
died before receiving the purchase money, or conveying the same, may
convey said real estate to the purchaser, and his deed shall be good and
valid in law, and shall convey all the right, title, claim and interest of
such deceased person in such real estate as effectually as the deed of the
party so dying would have conveyed the same; provided, the executor
or administrator of the person so dying shall satisfy the orphans' court
granting him administration that the purchaser has paid the full amount,
of the purchase money.

In the light of this section and section 104, an executor is entitled to
require specific performance of a contract referred to in this section; a

 

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The Annotated Code of the Public Civil Laws of Maryland, 1911
Volume 372, Page 2056   View pdf image (33K)
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