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The Annotated Code of the Public Civil Laws of Maryland, 1911
Volume 372, Page 2063   View pdf image (33K)
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ART. 93] DEBTS. 2063

Executors should pay creditors within thirteen months, and then dis-
tribute any surplus in their hands. Coward v. State, 7 G. & J. 479.

If an administrator has the money and fails to pay creditors, he may be
charged with Interest after the expiration of thirteen months. Gwynn v.
Dorsey, 4 G. & J. 462. And as to legatees, see Mlckle v. Cross, 10 Md. 352.

As to interest on the claims of creditors, see also, Donaldson v. Raborg, 26
Md. 313. Hammond v. Hammond, 2 Bl. 306.

Ordinarily legacies are payable at the expiration of one year from the
testator's death, and bear interest from that time. When interest is pay-
able from the testator's death. White v. Donuell, 3 Md. Ch. 526. And see
Iglehart v. Kirwan, 10 Md. 559; Hammond v. Hammond, 2 Bl. 306; Thomas
v. Frederick County School, 9 G. & J. 115.

This section referred to in determining the distribution of money In a
creditors' suit. Welch v. Stewart, 2 Bl. 39.

This section and section 105 are in pari materia and must be construed
together—see notes to section 105. Mertens v. Moore, 108 Md. 637.

1904. art. 93, sec. 101. 1888, art. 93, sec. 102. 1860, art. 93. sec. 103. 1798,
ch. 101, sub-ch. 8, sec. 16.

102. In all cases where an administrator is to make payment or
distribution amongst the creditors of his decedent, he may give notice
three successive weeks previously in some convenient newspaper, of the
time and place for making it; and in case the creditor shall not attend
in person or by agent or attorney to receive the amount or proportion-
able part of his claim, all interest on such claim, or proportionable part,
shall cease from that time; provided that the administrator shall at any
time thereafter, on demand, pay the said claim or proportionable part
to the party, his agent or attorney duly authorized; and whenever the
administrator shall proceed to make an additional payment or dividend,
he may advertise as aforesaid, and interest shall stop as aforesaid; and
if, at any additional dividend, a just claim, established as hereinbefore
directed, shall be exhibited, the creditor shall be entitled to such sum as
will place him on equal footing with those who have alreadv received a
dividend.

This section referred to as showing that it is the executor's duty to dis-
tribute to the representatives of the deceased whenever the debts are paid.
Coward v. State, 7 G. & J. 479.

Ibid. sec. 102. 1888, art. 93, sec. 103. I860, art. 93, sec. 104. 1798,
ch. 101, sub-ch. 8. sec. 10.

103. It shall be the duty of an administrator to pay all just claims
against his decedent exhibited to him, or a just proportionable part
thereof, according to the assets; and if any claim be known to him
(although the same be not exhibited) he shall retain the same, or a just
proportionable part for the benefit of the creditor; provided he can
satisfy the court that such claim is just or may probably be recovered;
and when it is certain there is a claim of a person out of the State, but
the amount thereof can not be ascertained, the court may allow such
sum as it may think proper to be retained, to be accounted for, never-
theless, if within three years after the death of the deceased no demand
shall be made by the creditor or his representatives and suit brought on
the rej ection thereof by the administrator; and from the time of making
payment to or dividend amongst the creditors as herein directed, all

 

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The Annotated Code of the Public Civil Laws of Maryland, 1911
Volume 372, Page 2063   View pdf image (33K)
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