2894 ARTICLE 93.

This section referred to in construing sec. 52—see notes thereto. Tuck v. Boone,
8 Gill, 190.

This section referred to in construing sec. 73—see notes thereto. Lemmon v.
Hall, 20 Md. 170.

This section referred to in construing sec. 252—see notes thereto. Macgill v.
Hyatt, 80 Md. 257.

See notes to sec. 18.

Re. payment of collateral inheritance tax by adm'r. d. b. n., see art. 81, sec. 142.

An. Code, sec. 71. 1904, sec. 70. 1888, sec. 71. 1798, ch. 101, sub-ch. 5, sec. 6.

1820, ch. 174, sec. 3.

72. In no case shall the executor of an executor be entitled as executor
to administration de bonis non of the first deceased.

Cited but not construed in Bowie v. Bowie, 73 Md. 234; Scott v. Fox, 14 Md.
398; Hammond v. Hammond, 2 Bl. 349; West v. Hall, 3 H. & J. 224...

See notes to see. 71.

An. Code, sec. 72. 1904, sec. 71. 1888, sec. 72. 1820, ch. 174, sec. 3.

73. The court shall, on the application of an administrator de bonis non,
order the administrator of a deceased administrator to deliver over to
him all the bonds, notes, accounts and evidences of debt which the deceased
administrator may have taken, received, or had as administrator at the
time of his death, and also to pay over to him the money in his hands as
such on or before a certain day; and upon proof of the service of such
order and the neglect or refusal of the administrator to comply therewith
by the time therein specified, the court may order the bond of the deceased
administrator, or of the administrator so refusing, or both of them, to be
put in suit by the administrator de bonis non.

The orphans' court has power under this section, on application of administrator
d. b. n., to order administrator or executor of deceased administrator or executor
" to pay over to him the money in his hands as such," and upon a refusal to comply
with order, court may order the bond of deceased administrator of both of them to
be put in suit. Lawson v. Burgee, 121 Md. 208.

The authority of the court under this section is simply to order money in hands
of deceased administrator to be turned over; no question of interest can be inquired
into—see notes to sec. 11. Limitations and laches. Donaldson v. Raborg, 26 Md. 328.
And see Donaldson v. Raborg, 28 Md. 53; Biays v. Roberts, 68 Md. 514.

This section impliedly clothes court with power to inquire whether property is ad-
ministered or unadministered. What assets are regarded as administered? This sec-
tion construed in connection with sec. 11—see notes thereto. Baker v. Bowie, 74 Md.
472. And see Lemmon v. Hall, 20 Md. 171; West v. Chappell, 5 Gill, 229; Gardner v.
Simmes, 1 Gill, 428. Cf. Donaldson v. Raborg, 26 Md. 324; Crothers v. Crothers,
121 Md. 118.

This section does not vest title to property unadministered in administrator d.
b. n., nor does it give him right of possession except upon court's order. Green v.
Hart, 57 Md. 237; West v. Chappell, 5 Gill, 229.

An administrator d. b. n. can only proceed for recovery of money in hands of
former administrator after obtaining an order of court under this section, and declara-
tion must so allege. Green v. Hart, 57 Md. 236; Johnson v. Farmers' Bank, 11 Md.
414. Cf. Lemmon v. Hall, 20 Md. 171.

This section authorizes making administrators d. b. n. parties defendant, and con-
tinuing against them a suit instituted against deceased administrator where such de-
ceased administrator in his representative character had money in his hands belong-
ing to plaintiff. De Valengin v. Duffy, 14 Pet. 282.

To what this section extends. This section referred to in construing sec. 71—see
notes thereto. Morrow v. Fidelity Co., 100 Md. 262; Sibley v. Williams, 3 G. & J. 64;
Neale v. Hagthrop, 3 Bl. 563.

Cited but not construed in In re Estate Baxley, 47 Md. 560; Scott v. Fox, 14
Md. 398.
See notes to secs. 11 and 71.