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The Annotated Code of the Public Civil Laws of Maryland, 1911
Volume 372, Page 2078   View pdf image (33K)
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2078 TESTAMENTARY LAW. [ART. 93

tees or legatees by a proper deed, to be executed, acknowledged and
recorded according to law.

This section held inapplicable to an account settled before its passage.
Woelfel v. Evans, 74 Md. 350.
See notes to sec. 137.

1904, art. 93, sec. 139. 1888, art. 93, sec. 140. 1860, art. 93, sec. 140. 1798, ch. 101,

sub-ch. 10, sec. 7.

140. When any person entitled, after payment of debts, shall be
in want of subsistence, or greatly straitened in his circumstances, and
shall apply to the orphans' court by petition, and shall satisfy the court
that he is in want of subsistence or greatly straitened in circumstances,
and that it probably will not require more than one-half of the assets
to discharge the debts, the court may direct the administrator to deliver
to the petitioner any part of what the court shall suppose will be his
distributive share, or any part of a legacy or bequest in money not
exceeding one-third part, the said petitioner giving bond, with security
approved by the court, to the administrator, for returning the same or
an equivalent, with interest, whenever so directed by the court, and the
court shall have power to determine in a summary way on any such
petition, after summons against such administrator duly returned sum-
moned or returned non est.

This section relates only to distributive shares and to money legacies.

and hence, has no application to personal property passing by will. Lowe v.

Lowe, 6 Md. 353.

Cited but not construed in Donaldson v. Raborg, 28 Md. 56.

Ibid. sec. 140. 1888, art. 93, sec. 141. 1860, art. 93, sec. 141.
1798, ch. 101, sub-ch. 10, sec. 8.

141. The court in like manner, on any petition by a person in such
circumstances, to whom a specific legacy or bequest has been made,
being satisfied that the assets, exclusive of all specific legacies, will not
be nearly exhausted by debts, may direct the executor or administrator
with the will annexed, to deliver to the petitioner the said specific
legacy or bequest on his giving bond as aforesaid...

This section refers to specific legacies, but the court will not act there-
under save upon proper allegations and proof. Lowe v. Lowe, 6 Md. 353.
Cited but not construed in Donaldson v. Raborg, 28 Md. 56.

Ibid. sec. 141. 1888, art. 93, sec. 142. 1860, art. 93, sec. 142. 1847, ch. 71.

142. Where a bequest of personal property or money is made to a
female, and directed by the will to be paid on her attaining to full,
mature or lawful age, such female shall be entitled to receive and
demand such personal property or money on her arriving at the age
of eighteen years, or being married.

The word "maturity" construed to be equivalent to the words "lawful age"
as used in this section. Carpenter v. Boulden, 48 Md. 129.
As to releases to executors, see art. 79, sec. 1.

 

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The Annotated Code of the Public Civil Laws of Maryland, 1911
Volume 372, Page 2078   View pdf image (33K)
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