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The Annotated Code of the Public General Laws of Maryland, 1924
Volume 375, Page 2911   View pdf image (33K)
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TESTAMENTARY LAW. 2911

An. Code, sec. 111. 1904, sec. 110. 1888, sec. 111. 1846, ch. 147, sec. 2.

116. The said report and certificate shall be prima facie evidence, in
all cases whatever, of the giving of such notice as therein stated.
Cited but not construed in Biddison v. Mosely, 57 Md. 94.
See no.tes to sec. 115.

An. Code, sec. 112. 1904, sec. 111. 1888, sec. 112. 1846, ch. 147, sec. 3.

117. A copy of said report, certificate and order, under the seal of
the register of wills of the county in whose office such report, certificate
and order are recorded, shall be legal and competent evidence.
See notes to sec. 115.

An. Code, sec. 113. 1904, sec. 112. 1888, sec. 113. 1854, ch. 86, sec. 1. 1862, ch. 142.

118. The register of wills shall enter in a suitable book, to be pro-
vided by him for that purpose, all claims against a decedent, in regular
order, as they are passed by the orphans' court or register of wills, giving
the date of the passage, the name of the creditor, the character of such
claim, whether open account, note, bond, bill obligatory, judgment or
other evidence of debt, and the amount thereof; if an open account, the
interest due thereon up to the date of the passage shall be stated separately;
if a note, bond, bill obligatory, judgment or other evidence of debt, the
date thereof, and the date from which interest begins to run shall also be
stated, and other particulars of such claims; and the entry of a claim upon
such book shall be taken as notice to the administrator of its existence;
and the register of wills shall be entitled to receive, for making such
entry of each claim, the sum of ten cents, to be paid by the claimant.

The registry of a claim under this section carries notice to administrator, but does

not conclusively establish claim. The registry is prima jade evidence of amount of

debts. Object of this section. Seighman v. Marshall, 17 Md. 569; McCann v.

Sloan, 25 Md. 585.
This section construed in connection with sec. 109—see notes thereto. Bradford

v. Street, 84 Md. 278.
Cited but not construed in Plater v. Weaver, 108 Md. 673.

An. Code, sec. 114. 1904, sec. 113. 1888, sec. 114. 1854, ch. 86, sec. 2.

119. The claims thus entered shall not afford any evidence as to the
justness or correctness of any debt therein entered, whenever the same
shall be controverted by any administrator in any suit instituted for the
recovery of such debt; nor shall the same be construed to take any debt
out of the operation of a plea of limitations.

Cited but not construed in Flater v. Weaver, 108 Md. 672.

An. Code, sec. 115. 1904, sec. 114. 1888, sec. 115. 1798, ch. 101, sub-ch. 8, sec. 17.
1836, ch. 192, sec. 1. 1843, ch. 208, sec. 11.

120. In paying the debts of a decedent, an administrator shall ob-
serve the following rules: All taxes due and in arrear from the decedent
shall be preferred to the exclusion of all other debts, and claims for rent
in arrear against deceased persons, for which a distress might be levied
by law, shall next have preference. Judgments and decrees shall next
be wholly discharged. After such claims for taxes and rent, and judg-
ments and decrees shall be satisfied, all other just claims shall be on equal

 

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The Annotated Code of the Public General Laws of Maryland, 1924
Volume 375, Page 2911   View pdf image (33K)
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