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The Annotated Code of the Public Civil Laws of Maryland, 1911
Volume 372, Page 2077   View pdf image (33K)
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ART. 93] DISTRIBUTION. 2077

sale shall be directed accordingly, and the rules herein laid down rela-
tive to a sale by order of the said court shall be observed.

Unless this section or sections 138 or 143 is complied with, no ex parte
distribution will afford protection to the administrator. Alexander v. Leakin,
72 Md. 204; Hoffman v. Hoffman, 88 Md. 62; Shriver v. State, 65 Md. 282;
Wilson v. McCarty, 55 Md. 283; Smith v. Stockbridge, 39 Md. 645; Donald-
son v. Raborg, 26 Md. 327; Hanson v. Worthington, 12 Md. 441.

Under this section and section 235, the Orphans' court has power to divide
leasehold property among the parties entitled although some of them may
be infants. Procedure. Williams v. Holmes, 9 Md. 287.

Until there is a complete distribution, the orphans' court has jurisdiction
to order a sale of the property for final distribution. When there has not
been complete distribution. Woelfel v. Evans. 74 Md. 349. And see Scott v.
Fox, 14 Md. 395.

A sale directed by the orphans' court held to be authorized by this sec-
tion. Crawford v. Blackburn, 19 Md. 42.

This section referred to as showing that it is not the duty of an executor
to reduce the assets to cash. Evans v. Igleliart, 6 G. & J. 192. (And see note
(i) to this case.)

This section referred to as indicating that a final account so far as debts
are concerned, must be stated before the orphans' court can order legacies
paid, or distribution made. Lowe v. Lowe, 6 Md. 354. Cf. Clarke v. Sand-
rock, 113 Md. 426.

This section referred to in construing section 70—see notes thereto. Smith
v. Dennis, 33 Md. 449.

Cited but not construed in Myers v. Safe Deposit Co., 73 Md. 424; Don-
aldson v. Raborg, 28 Md. 56.

See notes to sections 138 and 143.

1904, art. 93. sec. 137. 1888, art. 93, sec. 138. 1860, art. 93, sec. 139.
1810, ch. 134, sec. 5.

138. Whenever a distribution of specific articles is to be made, the
orphans' court may appoint two disinterested persons, not in any way
related to the parties concerned, to make such distribution amongst the
persons entitled as to them shall seem meet and proper; or if, in their
opinion, upon a view of such articles, no distribution amongst the per-
sons entitled could be made by them, which would operate equally, but
a sale thereof would be more advantageous to them, they shall return to
the orphans' court their opinion in writing, and the court shall there-
upon order a sale of such articles upon reasonable notice, and cause the
proceeds of such sale to be equally distributed among the parties entitled.
This section is not obligatory on the orphans' court; it may resort to
section 137. Crapster v. Griffith, 2 Bl. 12.
See notes to sec. 137.

Ibid. sec. 138. 1888, art. 93, sec. 139. 1884, ch. 49.

139. Whenever an account is passed in the orphans' court, either by
an executor or administrator, whereby distribution of chattels real is
made to the legatees thereof, or to the parties thereto entitled in the
course of distribution, the orphans' court shall, upon the passing of such
account, pass an order directing the executor or administrator to convey
such chattels real to the distributees or legatees thereof; and the execu-
tor or administrator shall thereupon so convey the same to such distribu-

 

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The Annotated Code of the Public Civil Laws of Maryland, 1911
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