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The Annotated Code of the Public General Laws of Maryland, 1924
Volume 375, Page 2876   View pdf image (33K)
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2876 ARTICLE 93.

An. Code, sec. 27. 1904, sec. 27. 1888, sec. 27. 1798, ch. 101, sub-ch. 5, sec. 19.

27. A feme sole shall be preferred to a married woman in equal degree.

Letters will be granted to person entitled at time application is made, and not to
one entitled at time of death of intestate. Griffith v. Coleman, 61 Md. 252.

This section applies to children as well as other applicants for letters. Smith v.
Young, 5 Gill, 205.

A widow will be preferred to a married woman. Slay v. Beck, 107 Md. 361.

Cited but not construed in Williams v. Addison, 93 Md. 45; Pollard v. Mohler, 55
Md. 289; Georgetown College v. Browne, 34 Md. 455.

See notes to sec. 18.

An. Code, sec. 28. 1904, sec. 28. 1888, sec. 28. 1798, ch. 101, sub-ch. 5, sec. 20.

28. Where a female is entitled, administration may be granted to her
and her husband, provided he be capable.

This section referred to in construing sec. 27—see notes thereto. Smith v. Young,
5 Gill, 205.

Cited but not construed in Williams v. Addison, 93 Md. 45; Pollard v. Mohler, 55
Md. 289; Georgetown College v. Browne, 34 Md. 455.
See notes to sec. 18.

An. Code, sec. 29. 1904, sec. 29. 1888, sec. 29. 1798, ch. 101, sub-ch. 5, sec. 21.

29. Relations on the side of the father shall be preferred to relations
on the side of the mother in equal degree.

Cited but not construed in Williams v. Addison, 93 Md. 45; Pollard v. Mohler, 55
Md. 289; Georgetown College v. Browne, 34 Md. 455.
See notes to secs. 18 and 22.

An. Code, sec. 30. 1904, sec. 30. 1888, sec. 30. 1798, ch. 101, sub-ch. 5, sec. 22.

30. If there be no relations administration shall be granted to the
largest creditor applying for the same.

This section referred to in holding that relatives living in Greece of a deceased
resident of that country who died in Baltimore, were not entitled either to notice
before the grant of letters of administration in Baltimore to a citizen of this city.
or to have such letters revoked; rights of consul general and his representative not
superior to those of such relatives. Courts bound by treaties; construction thereof.
Chryssikos v. Demarco, 134 Md. 536.

Upon failure of those first entitled to administration to apply, letters may be
granted to largest creditor applying. Lang v. Wilmer, 131 Md. 227.

This section relates to cases of intestacy, since it forms one of a series of sections
providing for issue of letters " wherever any person shall die intestate." Hence if
there be a will and a residuary legatee who applies for letters, a creditor cannot be
appointed. See note to sec. 34. McCaughy v. Byrne, Adm., 115 Md. 88.

Where a party pays the intestate's funeral expenses and thereby becomes the only
creditor, he is entitled to letters. Lentz v. Pilert, 60 Md. 299.

Where a creditor is such in a representative capacity only, he is not a creditor
within the meaning of this section. Glenn v. Reid, 74 Md. 241.

The largest creditor is not entitled to be notified or summoned—see sec. 32. This
section referred to in construing sec. 257. McGuire v. Rogers, 71 Md. 589.

Cited but not construed in Williams v. Addison, 93 Md. 45; Dalrymple v. Gamble,
66 Md. 308; Pollard v. Mohler, 55 Md. 289; Carpenter v. Jones, 44 Md. 628; George-
town College v. Browne, 34 Md. 455.

As to the appointment of an administrator in order to secure the payment of the
collateral inheritance tax, see art. 81, secs. 143 and 144.

See notes to sec. 18.

An. Code, sec. 31. 1904, sec. 31. 1888, sec. 31. 1798, ch. 101, sub-ch. 5, see. 23.

31. If there shall be neither husband, nor wife, nor child, nor grand-
child, nor father, nor brother, nor sister, nor mother, or if these be in-

 

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The Annotated Code of the Public General Laws of Maryland, 1924
Volume 375, Page 2876   View pdf image (33K)
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