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The Annotated Code of the Public General Laws of Maryland, 1924
Volume 375, Page 2910   View pdf image (33K)
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2910 ARTICLE 93.

The six months referred to in this section are calendar months and not lunar
months. Glenn v. Smith, 17 Md. 282.

This section will be followed by analogy in a creditors' suit. Welch v. Stewart,
2 Bl. 39.

Cited but not construed in Zollickoffer v. Seth, 44 Md. 370.

An. Code, sec. 109A. 1912, ch. 146. 1924, ch. 591.

114. Whenever any person, resident or non-resident of the State of
Maryland, shall hereafter die testate or intestate, leaving one or more
parcels of real estate in this State, but not leaving personal estate therein
as far as may be known, it shall be lawful for the Orphans' Court of the
county or city in which such real estate, or any part or parcel thereof,
may be situate, to grant letters testamentary or of administration on the
estate of such decedent, and the Court may direct notice to be given by
publication to all resident or non-resident creditors of such decedent to
file in said Court their claims against said decedent, which notice shall be
substantially as provided in Section 113 of this Article, and the provisions
of Sections 115 to 119, inclusive, of this Article shall apply. No pur-
chaser of such real estate shall be required to accept title thereto unless
such notice has been given as is authorized by this Section and until the
period for the filing of such claims has expired; and no claim not filed
within the period specified by such notice to creditors shall thereafter be
asserted against such real estate in the hands of a purchaser for value.
The bond required upon the grant of letters shall be in such penalty as the
Court may prescribe. In case any such real estate is sold by a Court of
Chancery on a bill of sale for the purpose of partition, the said Court
may, in its decree for sale, provide for a notice to creditors not exceed
ing ninety days, which notice shall be in lieu of the notice above required,
and upon the giving of this notice by the trustee appointed by the Court
and upon the expiration of the ninety days provided for by the notice to
creditors aforesaid, the purchaser of such real estate shall be required to
accept title thereto, and no claim not filed within the period specified by
such notice shall thereafter be asserted against such real estate in the hands
of the purchaser at such sale, or his heirs or assigns.
See notes to sec. 113.

An. Code, sec. 110. 1904, sec. 109. 1888, sec. 110. 1846, ch. 147, sec. 1. 1914, ch. 624.

115. The administrator may report to the court, with an affidavit of
the truth thereof annexed, the fact of having given such notice, and the
court on being satisfied that the order has been complied with and the said
notice has been given, shall endorse on said report their certificate that it
hath been proven to their satisfaction that said notice hath been given as
therein reported, and shall order said report and certificate to be recorded
among the records of the court.

This section referred to in upholding a title to property devised and sold by
devisee after expiration of notice to creditors, although subsequently creditors pre-
ferred claims against testator's estate. Van Bibber v. Reese, 71 Md. 610. Cf. Seaman
v. Seaman, 141 Md. 6 (see notes to sec. 113).

 

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The Annotated Code of the Public General Laws of Maryland, 1924
Volume 375, Page 2910   View pdf image (33K)
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