2062 TESTAMENTARY LAW. [ART. 93

For a case dealing with limitations, where the administrator is also a
creditor of the estate, see Semmea v. Young, 10 Md. 242.

As to how far the plea of limitations is applicable to orphans' court pro-
ceedings, see Bowling v. Lamar, 1 Gill, 358.

See notes to sec. 96.

1904, art. 93, sec. 98. 1888, art. 93, sec. 99. 1860, art. 93, sec. 100. 1798,
ch 101, sub-ch. 9, sec. 13.

99. No administrator shall be obliged to discharge any claim of
which vouchers and proofs shall be exhibited as aforesaid, but may
reject and at law dispute the same, in case he shall have reason to
believe that the deceased never owed the debt or had discharged the
same or a part thereof or had a claim in bar.

Where an executor pays a claim in part, an administrator d. b. n. subse-
quently appointed may dispute the balance of the claim. Pole v. Simmons,
49 Md. 19.

This section referred to in construing section 107—see notes thereto.
Coburn v. Harris, 53 Md. 372.

Cited but not construed in Flater v. Weaver, 108 Md. 672.

See notes to sec. 100.

Ibid. sec. 99. 1888, art. 93, sec. 100. 1860, art. 93, sec. 101. 1802, ch.

101, sec. 9.

100. In no case shall the order made by the orphans' court or reg-
ister of wills that an account or claim will pass when paid be deemed
of validity to establish such claim or account, but in case the admin-
istrator thinks fit to contest the same, such account or claim shall
derive no validity from the order aforesaid, but shall be proved in the
same manner as if no such order had been made.

The executor alone decides when to dispute a claim, and the only restraint
upon him is that provided by section 104. Bowie v. Ghiselin, 30 Md. 557.
This section applied. Improper charges in a funeral bill. Custom. Schaef-
fer v. Schaeffer, 54 Md. 684.

In a suit by a creditor against an administrator, a devastavit may be
Inquired into. Seighman v. Marshall, 17 Md. 570.

For the effect of the orphans' court's determination upon a claim against
an estate, and of the decision of the appellate court thereon, see Levering v.
Levering, 64 Md. 413.

Cited but not construed in Flater v. Weaver, 108 Md. 672.

Ibid. sec. 100. 1888, art. 93, sec. 101. 1860, art. 93, sec. 102. 1798, ch.
101. sub-ch. 8, sec. 14.

101. An administrator shall discharge all just claims known to
him, or pay each claimant his just proportion of the money then in his
hands (retaining as herein directed), within thirteen months from the
date of his letters, or within such further time, not exceeding four
months longer, as shall be allowed by the orphans' court, on his making
oath that he hath reason to apprehend that the personal estate and assets
which are or shall be in his hands will be insufficient to discharge the
fust debts of and claims against the deceased; it shall likewise be his
duty, onco in every term of six mouths, after the first distribution, to
make a distribution of the money which hath since come to his hands,
until he shall have fully administered, and on failure, his administra-
tion bond niay be put in suit.