TESTAMENTARY LAW. 2865

For a case now apparently inapplicable to this section by reason of changes in
the law, see Rieman v. Peters, 2 Md. 110.

Cited but not construed in Van Bibber v. Reese, 71 Md. 613; Hignutt v. Cranor,
62 Md. 220.

See notes to sec. 3.

An. Code, sec. 2. 1904, sec. 2. 1888, sec. 2. 1798, ch. 101, sub-ch. 10, sec. 3.

2. If the first account shall not show the estate which was on hand to
be fully administered, another account shall be returned within six months
thereafter, and, within every term of six months thereafter, an account
shall be returned until the estate shall appear to be fully administered; and
whenever a discovery or receipt of assets shall take place after rendering
an account, another account shall be rendered within six months thereafter;
but an administrator shall not be obliged to render accounts when it appears
to the court that the estate has been fully administered, except as to debts
which the court shall deem desperate.

This section referred to as indicating that a final account, so far as debts are con-
cerned, must be stated before orphan's court can order legacies paid, or distribution
made. Lowe v. Lowe, 6 Md. 353. Cf. Clarke v. Sandrock, 113 Md. 426.

This section referred to in deciding that vouchers upon which an account is passed,
do not become a part of records of orphans' court. Randall v. Hodges, 3 Bl. 484.
This section referred to in construing secs. 3 and 294. Levering v. Levering, 64
Md. 411; Biddison v. Mosely, 57 Md. 93; Jones v. Jones, 41 Md. 359.
Cited but not construed in Hignutt v. Cranor, 62 Md. 219.

An. Code, sec. 3. 1904, sec. 3. 1888, sec. 3. 1798, ch. 101, sub-ch. 10, sec. 9.
1831, ch. 315, sec. 3.

3. If an administrator shall fail to return an account as before directed
within the time limited by law, or within such further time as the orphans'
court shall allow not exceeding six months, his letters, on application of
any person interested, may be revoked and administration granted at the
discretion of the court; and the administrator to whom letters may be
granted shall be entitled to put the delinquent's bond in suit and to recover
such damages thereon as the jury may find; and in assessing such damage
the jury shall allow such sum as will be equal to six per centum per annum
on the amount of the inventory or inventories, from the time of the return
or returns to the time of the verdict, over and beyond the damages, for
such loss or injury as the estate may have sustained by the delinquent's
conduct.

Where there was no evidence that executor intended to wrong anyone, or that
anyone was prejudiced by his failure to render account in time, and his testimony
shows a willingness to apply funds in his hands properly and to render an account, he
will not be removed. An executor may only be removed for legal and specific causes
and after citation and an opportunity to be heard. Belt v. Hilgeman, Brundige Co.,
138 Md. 135. And see Stake v. Stake, 138 Md. 54.

An appeal lies from refusal of orphans' court to remove executor for failing to
account for certain money to which his testatrix was entitled in distribution of
estate of her mother, and for omitting certain property from inventory. See notes
to sec. 257. (Court declines to follow expression in Hebb v. Hebb, 5 Gill, 509.)
Stake v. Stake, 138 Md. 54.

The act of executor in transferring stock of decedent to himself and selling same
without order of court justifies his removal. When an executor may be removed.
Levering v. Levering, 64 Md. 411.

An attorney for claimants is entitled to ask for a revocation of letters under this
section. If an administrator has stated a final account, it is his duty to distribute.
Biddison v. Mosely, 57 Md. 93.

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