2068 TESTAMENTARY LAW. [ART. 93

1904, art. 93, sec. 108. 1888, art. 93, sec. 109. 1860, art. 93, sec. 110. 1798, ch. 101,
sub-ch. 8, sec. 13. 1802, ch. 101. 1823, ch. 131, sec. 2. 1882, ch. 125.

109. No administrator who shall, after the full expiration of the
notice herein provided for, have paid away the assets to the discharge
of just and legally proven claims shall be answerable for any claim
of which he had no notice; provided, that at least six months before
he shall make distribution amongst creditors or persons entitled, he
shall have caused to be inserted in as many newspapers as the orphans'
court shall direct, an advertisement as follows, or fully to the follow-
ing effect, viz.: "This is to give notice that the subscriber, ————,
hath obtained from the orphans' court of ————— county, in Maryland,
letters testamentary (or of administration) on the personal estate of
————, late of ————, deceased. All persons having claims against
the deceased are warned to exhibit the same, with the vouchers thereof,
legally authenticated, to the subscriber, on or before the ———— day
of ————— next; they may otherwise by law be excluded from all
benefit of said estate. Given under my hand this ———— day of

An administrator who has given the notice prescribed by this section may
safely pay debts. Wethered v. Safe Deposit Co., 79 Md. 160; Coward v.
State, 7 G. & J. 479; Hammond v. Hammond, 2 Bl. 366.

An administrator who fails to give the notice prescribed by this section is
not entitled to the benefit of section 108. Steuart v. Carr, 6 Gill, 440.

If distribution of an estate is made prior to the expiration of six months,
it is at the risk of the administrator and his surety. Jones v. Harbaugh, 93
Md. 278.

To render a plea of plene administravit available it must appear that the
notice to creditors was given; proof thereof. Validity of notice. Rawlings v.
Adams, 7 Md. 44.

Where letters pendente lite are revoked by letters testamentary or of
administration, a new notice to creditors should be given. Ex Parte Worth-
ington, 54 Md. 361.

The notice provided for by this section is in order to enable the admin-
istrator to ascertain the extent of the estate's indebtedness. Van Bibber v.
Reese, 71 Md. 613. (See notes to section 110.)

The six months referred to in this section are calendar months and not
lunar months. Glenu v. Smith, 17 Md. 282.

This section will be followed by analogy in a creditors' suit. Welch v.
Stewart, 2 Bl. 39.

Cited but not construed in Zollickoffer v. Seth, 44 Md. 370.

Ibid. sec. 109. 1888, art. 93, sec. 110. 1860, art. 93, sec. 111. 1846,

ch. 147, sec. 1.

110. The administrator may report to the court, with an affidavit
of the truth thereof annexed, the fact of having given such notice,
and the court, on being satisfied that their order has been complied
with and the said notice has been given shall endorse on said report
their certificate that it hath been proven to their satisfaction that said
notice hath been given as therein reported, and shall order said report
and certificate to be recorded among the records of the court.

This section referred to in upholding a title to property devised and sold
by the devisee after the expiration of the notice to creditors, although sub-
sequently creditors preferred claims against the testator's estate. Van Bib-
ber v. Reese, 71 Md. 610.