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The Annotated Code of the Public General Laws of Maryland, 1924
Volume 375, Page 2920   View pdf image (33K)
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2920 ARTICLE 93.

satisfied that the assets, exclusive of all specific legacies, will not be nearly
exhausted by debts, may direct the executor or administrator with the
will annexed, to deliver to the petitioner the said specific legacy or bequest
on his giving bond as aforesaid.

This section refers to specific legacies, but the court will not act thereunder save
upon proper allegations and proof. Lowe v. Lowe, 6 Md. 353.

Cited but not construed in Donaldson v. Raborg, 28 Md. 56.

An. Code, sec. 142. 1904, sec. 141. 1888, sec. 142. 1847, ch. 71.

147. Where a bequest of personal property or money is made to a
female, and directed by the will to be paid on her attaining to full, mature
or lawful age, such female shall be entitled to receive and demand such
personal property or money on her arriving at the age of eighteen years,
or being married.

The word " maturity " construed to be equivalent to the words " lawful age"
as used in this section. Carpenter v. Boulden, 48 Md. 129.
As to releases to executors, see art. 79, sec. 1.

An. Code, sec. 143. 1904, sec. 142. 1888, sec. 143. 1798, ch. 101, sub-ch. 14, sec. 12.

1896, ch. 255.

148. Any administrator or executor shall be entitled to appoint a
meeting of persons entitled to distributive shares or legacies, or a residue
of a decedent's estate, on some day by the orphans' court named and ap-
pointed, on petition, and distribution or payment may be then and there
made under the court's direction and control, subject, however, to such
adjournments from time to time as the court shall deem proper to order;
and where the parties in interest are known and reside in the State of
Maryland they may be notified under order of court by summons issued
to any county in the State; and when they are non-residents of the State
and are known, they may be notified under order of court by published
notice, as hereinafter provided, of the day of meeting as aforesaid, and the
object of it; and when the places of residence of the persons in interest are
unknown, or when the parties in interest are unknown, or when it is not
known whether the persons in interest be actually living or dead, they may
be proceeded against as non-residents, and in all cases when the parties are
non-residents, or may be proceeded against as non-residents, as aforesaid,
the court may order notice to be given by publication in one or more news-
papers, stating the time and purpose of the meeting, and warning such
person or persons, if known, and all persons interested as distributees,
legatees or otherwise in the residue of the decedent's estate to be and ap-
pear in person, by guardian, solicitor or agent, on or before the day named
in such order for distribution or payment, and such notice shall be pub-
lished as the court shall direct, not less than once a week for four succes-
sive weeks, thirty days before the day named in such notice for distribu-
tion and payment to be made; and distribution and payment as aforesaid
made under the direction and control of the court shall protect and indem-
nify the administrator or executor acting in obedience to it.

Ordinarily it is safer for an administrator to follow the course pointed out by this
section, but he is not compelled to do so. Payment may be made either before or
after the passage of account. Biays v. Roberts, 68 Md. 513; Donaldson v. Raborg,
28 Md. 56; Am. Agri. Chem. Co. v. Scrimger, 130 Md. 392.

 

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The Annotated Code of the Public General Laws of Maryland, 1924
Volume 375, Page 2920   View pdf image (33K)
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