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The Annotated Code of the Public Civil Laws of Maryland, 1911
Volume 372, Page 2131   View pdf image (33K)
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ART. 93] EEGISTER OF WILLS——SALES. 2131

collateral inheritances, and on commissions of executors and administrators.
Banks v. State, 60 Md. 308.

For a similar section applicable to the bonds of clerks of courts, see art 17,
sec. 15.

1904, art. 93, sec. 277. 1888, art. 93, sec. 273. 1860, art. 93, sec. 271. 1853, ch.
444, sec. 4. 1892, ch. 409. 1906, ch. 33.

280. The comptroller shall, from time to time, limit and fix the
number and compensation of assistant clerks or deputies to be employed
by any such register, and no account for compensation for services of
any assistant clerk, deputy or other person employed in performing
any of the duties pertaining to the office of any such register shall be
allowed until such assistant, deputy or other person employed shall
have certified under oath that the said services have been performed;
that he has received the full sum therein charged to his own use and
benefit, and that he has not paid, deposited or assigned, nor contracted
to pay, deposit or assign, any part of such compensation to the use of
any person, nor in any way, directly or indirectly, paid or given, nor
contracted to pay or give, any reward or compensation for his office or
employment, or the emoluments thereof, and such registers of wills are
hereby authorized to appoint such assistant clerks and deputies, and
when drily qualified as such said assistant clerks and deputies shall have
the power and authority to act in the place and stead of the register of
wills; and all such acts heretofore performed by any such assistant
clerk or deputy are hereby expressly ratified and confirmed as if they
had been performed by the register of wills in person.

This section cited in connection with the powers of a deputy register.
Maynadier v. Armstrong, 98 Md. 177.
As to the fees chargeable by a register of wills, see art. 36. sec. 27.

Sales.

Ibid. sec. 278. 1888, art. 93, sec. 274. 1800, art. 93. sec. 272.
1798, ch. 101, sub-ch. 8, .sec. 3.

281. In case any executor or administrator shall not have money
sufficient to discharge the just debts of and claims against the decedent,
the orphans' court granting the letters shall, on his application made
after the return of an inventory, direct a sale of the whole property
therein contained, or of such part, or to such an amount as the court
may think proper; and the court shall direct the manner and terms
of sale; provided, that no credit exceeding twelve months be given, and
that where credit is given, bond with security shall be taken; the court
shall have power, in case it shall suspect any fraud, collusion, con-
nivance or improper management to affect the sale, or that it was
unreasonably made, or that the property was sold much under its value,
to compel the said executor or administrator to account for all such
deficiencies as may have arisen by his misconduct, the court always
observing the inventory as their rule for ascertaining such deficiency.

Equity has concurrent Jurisdiction with the orphans' court to set aside a
sale on the ground of fraud, though it has been ratified. Conway v Green
1 H. & J. 152.

 

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The Annotated Code of the Public Civil Laws of Maryland, 1911
Volume 372, Page 2131   View pdf image (33K)
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