ART. 93] DISTRIBUTION. 2079

1904. art. 93, sec. 142. 1888, art. 93, sec. 143. 1860, art. 93, sec. 143. 1798. ch. 101.
sub-ch. 14, sec. 12. 1896, ch. 255.

143. Any administrator or executor shall be entitled to appoint a
meeting of persons entitled to distributive shares or legacies, or a resi-
due of a decedent's estate, on some day by the orphans' court named
and appointed, on petition, and distribution or payment may be then
and there made under the court's direction and control, subject, how-
ever, to such adjournments from time to time as the court shall deem
proper to order; and where the parties in interest are known and reside
in the State of Maryland they may be notified under order of court by
summons issued to any county in the State; and when they are non-
residents of the State and are known, they may be notified under order
of court by published notice, as hereinafter provided, of the day of
meeting as aforesaid, and the object of it; and when the places of resi-
dence of the persons in interest are unknown, or when the parties in
interest are unknown, or when it is not known whether the persons in
interest be actually living or dead, they may be proceeded against as
non-residents, and in all cases when the parties are non-residents, or
may be proceeded against as non-residents, as aforesaid, the court may
order notice to be given by publication in one. or more newspapers,
stating the time and purpose of the meeting, and warning such person
or persons, if known, and all persons interested as distributees, legatees
or otherwise in the residue of the decedent's estate to be and appear in
person, by guardian, solicitor or agent, on or before the day named in
such order for distribution or payment, and such notice shall be pub-
lished as the court shall direct, not less than once a week for four suc-
cessive weeks, thirty days before the day named in such notice for dis-
tribution and payment to be made; and distribution and payment as
aforesaid made under the direction and control of the court shall pro-
tect and indemnify the administrator or executor acting in obedience
to it.

Ordinarily it is safer for an administrator to follow the course pointed
out by this section, but he is not compelled to do so. Payment may be made
either before or after the passage of the account. Biays v. Roberts, 68 Md.
513; Donaldson v. Raborg, 28 Md. 56.

In most cases an administrator is safe in acting under this section. The
requirements of this section must, however, be complied with. Shriver v.
State, 65 Md. 282; Clarice v. Sandrock, 113 Md. 423; Scott v. Fox, 14 Md.
396; Conner v. Ogle, 4 Md. Ch. 450. Of. Wilson v. McCarty, 55 Md. 283.

The petition, order of court and publication, held to have been in com-
pliance with this section. This section is valid—distribution held to have
been made thereunder. Garrett v. Kerney, 107 Md. 503. Cf. Scott v. Fox,
14 Md. 397; Conner v. Ogle, 4 Md. Ch. 450.

Ordinarily an administrator can safely proceed under this section, but
in a dispute as to who are entitled to the decedent's estate as next of kin.
where certain of the claimants are non-residents, resort may he had to a
court of equity although a day has been set and notice given in accordance
with this section. A proceeding in accordance with this section does not
protect a distributee improperly receiving money. Alexander v. Leakin, 72
Md. 201. Of. Macglll v. Hyatt, 80 Md. 257.

What the orphans' court can determine under section 235 on a petition
filed under this section. Gallagher v. Martin, 102 Md. 117.

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