TESTAMENTARY LAW. 2903
An. Code, sec. 99. 1904, sec. 98. 1888, sec. 99. 1798, ch. 101, sub-ch. 9, sec. 13.
101. No administrator shall be obliged to discharge any claim of which
vouchers and proofs shall be exhibited as aforesaid, but may reject and at
law dispute the same, in case he shall have reason to believe that the de-
ceased never owed the debt or had discharged the same or a part thereof
or had a claim in bar.
Where an executor pays a claim in part, an administrator d. b. n. subsequently
appointed may dispute balance of claim. Pole v. Simmons, 49 Md. 19.
This section referred to in construing sec. 1091—see notes thereto. Coburn v. Harris,
53 Md. 372.
Cited but not construed in Flater v. Weaver, 108 Md. 672.
See notes to secs. 102 and 121.
An. Code, sec. 100. 1904, sec. 99. 1888, sec. 100. 1802, ch. 101, sec. 9.
102. In no case shall the order made by the orphans' court or register
of wills that an account or claim will pass when paid be deemed of validity
to establish such claim or account, but in case the administrator thinks fit
to contest the same, such account or claim shall derive no validity from the
order aforesaid, but shall be proved in the same manner as if no such order
had been made.
The executor alone decides when to dispute a claim, and the only restraint upon
him is that provided by sec. 106. Bowie v. Ghiselin, 30 Md. 557.
This section applied. Improper charges in a funeral bill. Custom. Schaeffer v.
Schaeffer, 54 Md. 684.
In a suit by a creditor against an administrator, a devastavit may be inquired
into. Seighman v. Marshall, 17 Md. 570.
For effect of orphans' court's determination upon a claim against an estate, and
of decision of appellate court thereon, see Levering v. Levering, 64 Md. 413.
Cited but not construed in Flater v. Weaver, 108 Md. 672.
See notes to sec. 121.
An. Code, sec. 101. 1904, sec. 100. 1888, sec. 101. 1798, ch. 101, sub-ch. 8, sec. 14.
103. An administrator shall discharge all just claims known to him,
or pay each claimant his just proportion of the money then in his hands
(retaining as herein directed), within thirteen months from the date of
his letters, or within such further time, not exceeding four months longer,
as shall be allowed by the orphans' court, on his making oath that he hath
reason to apprehend that the personal estate and assets which are or shall
be in his hands will be insufficient to discharge the just debts of and claims
against the deceased; it shall likewise be his duty, once in every term of
six months, after the first distribution, to make a distribution of the
money which hath since come to his hands, until he shall have fully
administered, and on failure, his administration bond may be put in suit.
Executors should pay creditors within thirteen months, and then distribute any
surplus in their hands. Coward v. State, 7 G. & J. 479.
If administrator has the money and fails to pay creditors, he may be charged
with interest after expiration of thirteen months. Gwynn v. Dorsey, 4 G. & J. 462.
And as to legatees, see Mickle v. Cross, 10 Md. 352.
As to interest on the claims of creditors, see also Donaldson v. Raborg, 26 Md.
313; Hammond v. Hammond, 2 Bl. 306.
Ordinarily legacies are payable at expiration of one year from testator's death,
and bear interest from that time. When interest is payable from testator's death.
White v. Donnell, 3 Md. Ch. 526. And see Iglehart v. Kirwan, 10 Md. 559; Ham-
mond v. Hammond, 2 Bl. 306; Thomas v. Frederick County School, 9 G. & J. 115.
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