2892 ARTICLE 93.
This and following section referred to in holding that plaintiff was not injured
by refusal of court in a caveat case to admit in evidence a copy of account stated
by defendant as administrator pendente lite, and a copy of exceptions of plaintiff
thereto. Michael v. Smith, 124 Md. 127.
An administrator pendente lite should have been appointed under this section
where a caveat was filed before will was probated. Tatem v. Wright, 139 Md. 30.
This section has no application if will has been probated and letters testamentary
granted although a caveat is subsequently filed. Munnikhuysen v. Magraw, 35
Md. 290; Grill v. O'Dell, 111 Md. 66; Pacy v. Cosgrove, 113 Md. 320.
Letters pendente lite are only granted in case of a contest over a will. Where
such contest has been settled and until it is reopened, such letters are properly
refused. Munnikhuysen v. Magraw, 57 Md. 195.
This section and sec. 70 mean that an administrator pendente lite shall remain
in office until issue of letters testamentary or of administration. Reason for ad-
ministration pendente lite and how long it continues. Ah appointment held in
substantial conformity with this section. Harrison v. Clark, 95 Md. 311. And
see Hanna v. Munn, 3 Md. 233; Scoffield v. Craddock, 7 H. & J. 40.
An administrator pendente lite is subject to same general rules as other adminis-
trators; he may be required to pay decedent's debts and must collect and preserve
assets. Baldwin v. Mitchell, 86 Md. 3.80. And see Ex Parte Worthington, 54 Md.
359; Warfield v. Valentine, 130 Md. 592.
An executor appointed administrator pendente lite held not entitled to additional
compensation—see notes to sec. 6. Renshaw v. Williams, 75 Md. 506.
An appointment held to be in conformity with discretion vested in court by this
section. Mclntire v. Worthington, 68 Md. 208; Cain v. Warford, 3 Md. 462. And
see Estate of Colvin, 3 Md. Ch. 297.
This section referred to in discussing the limited discretion vested in the orphans'
court. Georgetown College v. Browne, 34 Md. 458.
See notes to sec. 70.
An. Code, sec. 69. 1904, sec. 68. 1888, sec. 69. 1798, ch. 101, sub-ch. 5, sec. 4.
1820, ch. 34, sec. 6.
70. In all cases where administration durante minoritate, or pendente
lite shall be granted, the grant of letters testamentary or of administra-
tion shall operate as a revocation of such administration durante minori-
tate, or pendente lite. And upon such revocation, it shall be the duty of
every administrator durante minoritate, or pendente lite, to exhibit to the
orphans' court his accounts without delay, and to deliver to the executor
or administrator, on demand, all the goods, chattels and personal estate
in his possession belonging to the decedent; and on failure, his bond shall
be liable to be put in suit by the executor or administrator; but all suits
pending by or against any such administrator may be prosecuted or
defended by the executor or administrator appointed to succeed him, in
the same manner as hereinbefore provided where letters of administration
have been revoked by the production of a will, and the grant of letters
testamentary.
The duties of an administrator pendente lite are not co-extensive with those of an
ordinary administrator; he cannot distribute and his letters are revoked by granting
of letters testamentary or of administration. Having granted letters under a mis-
take of fact, or in ignorance of existence of a paper purporting to be a will, orphans'
court may revoke them. Letters should have been revoked. Burgess v. Boswell,
139 Md. 679.
This section referred to in construing sec. 69—see notes thereto. Baldwin v.
Mitchell, 86 Md. 380. And see Warfield v. Valentine, 130 Md. 592.
See notes to sec. 69.
|