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The Annotated Code of the Public General Laws of Maryland, 1924
Volume 375, Page 2904   View pdf image (33K)
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2904 ARTICLE 93.

This section referred to in determining the distribution of money in a creditor's
suit. Welch v. Stewart, 2 Bl. 39.

This section and sec. 107 are in pari materia and must be construed together—
see notes to sec. 107. Mertens v. Moore, 108 Md. 637.

An. Code, sec. 102. 1904, sec. 101. 1888, sec. 102. 1798, ch. 101, sub-ch. 8, sec. 16.

104. In all cases where an administrator is to make payment or dis-
tribution amongst the creditors of his decedent, he may give notice three
successive weeks previously in some convenient newspaper, of the time
and place for making it; and in case the creditor shall not attend in person
or by agent or attorney to receive the amount or proportionable part of
his claim, all interest on such claim, or proportionable part, shall cease
from that time; provided that the administrator shall at any time there-
after, on demand, pay the said claim or proportionable part to the party,
his agent or attorney duly authorized; and whenever the administrator
shall proceed to make an additional payment or dividend, he may adver-
tise as aforesaid, and interest shall stop as aforesaid; and if, at any addi-
tional dividend, a just claim, established as hereinbefore directed, shall
be exhibited, the creditor shall be entitled to such sum as will place him
on equal footing with those who have already received a dividend.

This section referred to as showing that it is executor's duty to distribute to
representatives of deceased whenever debts are paid. Coward v. State, 7 G. & J. 479.

An. Code, sec. 103. 1904, sec. 102. 1888, sec. 103. 1798, ch. 101, sub-ch. 8, sec. 10.

105. It shall be the duty of an administrator .to pay all just claims
against his decedent exhibited to him, or a just proportionable part thereof,
according to the assets; and if any claim be known to him (although the
same be not exhibited) he shall retain the same, or a just proportionable
part for the benefit of the creditor; provided he can satisfy the court- that
such claim is just or may probably be recovered; and when it is certain
there is a claim of a person out of the State, but the amount thereof can
not be ascertained, the court may allow such sum as it may think proper
to be retained, to be accounted for, nevertheless, if within three years after
the death of the deceased no demand shall be made by the creditor or his
representatives and suit brought on the rejection thereof by the adminis-
trator ; and from the time of making payment to or dividend amongst the
creditors as herein directed, all interest on such claim or proportionable
part thereof shall cease; provided that the administrator shall pay or ten-
der the same, together with such further part as shall be due, on further
money coming into hand, to the creditor on demand; and in case the ad-
ministrator on demand of a greater sum made by such creditor shall ten-
der the principal and interest which were due at the time of such divi-
dend, or the just proportional part thereof, together with such further
proportion as aforesaid of assets, and the claimant shall notwithstanding
bring suit, the administrator at any time before judgment may bring into
court the money so tendered, or money to an equal amount; and if he
shall satisfy the court that the said sum was really the amount of the
principal and interest due at the time of such dividend, or of the propor-
tionable part to which the claimant was entitled at the dividend, together

 

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The Annotated Code of the Public General Laws of Maryland, 1924
Volume 375, Page 2904   View pdf image (33K)
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