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The Annotated Code of the Public General Laws of Maryland, 1924
Volume 375, Page 2941   View pdf image (33K)
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TESTAMENTARY LAW. 2941

erty lies in more than one county, or cannot conveniently be collected
together), shall be returned to the office granting the administration.

Title to decedent's property vests in administrator. An inventory may upon ap-
plication to orphans' court be corrected, but that court cannot pass on questions
of title to personal property, save those provided for by sec. 253. Purpose of this
section. Fowler v. Brady, 110 Md. 207.

The failure to return an inventory is not sufficient evidence to charge administra-
tor with a debt of intestate. Leeke v. Beanes, 2 H. & J. 373. Cf. Proprietary v.
Gibbs, 1 H. & McH. 58.

This section referred to in construing secs. 5 and 231—see notes thereto. Handy v.
Collins, 60 Md. 238.

Cited but not construed in Barron v. Smith, 108 Md. 323.

As to the appraisal of real estate, see art. 81, sec. 128.

An. Code, sec. 206. 1904, sec. 205. 1888, sec. 205. 1798, ch. 101, sub-ch. 6, sec. 2.
1890, ch. 155. 1908, ch. 118.

212. The orphans' court or register of wills of the counties of the State,
on granting letters testamentary or of administration, or of collection shall
issue a warrant or warrants under their seal of office authorizing two persons
of discretion, not related to the deceased nor interested in the administra-
tion, to appraise the goods, chattels and personal estate of the deceased
known to them, or to be shown by the executor, administrator or collector.

The orphans' court has power to appraise only under this section and sec. 161,
and under art. 81, sec. 132. Hence where a will directs appraisement and certain
property to be taken at such appraisement but fails to name appraisers, equity alone
can name them. Magin v. Niner, 110 Md. 302.

This section referred to in construing secs. 5 and 231—see notes thereto. Handy v.
Collins, 60 Md. 239.

Cited but not construed in Barron v. Smith, 108 Md. 323.

An. Code, sec. 207. 1904, sec. 206. 1890, ch. 155, sec. 205A.

213. The two persons to appraise the estate as mentioned in section 212
shall be nominated to the court or register of wills as the case may be,
by the executor, administrator or collector, and their warrants to appraise
shall issue on the approval of their appointment by the court or register of
wills, as the case may be; provided, however, that nothing contained in
this section shall apply to the orphans' court or register of wills of the
city of Baltimore.

Cited but not construed in Barron v. Smith, 108 Md. 323.

An. Code, sec. 208. 1904, sec. 207. 1890, ch. 155, sec. 205B.

214. Said appraisers shall receive a per diem of not more than two
dollars a day for the time they are actually engaged in said appraisement,
said per diem to be paid out of the estate of the decedent after said ap-
praisers have filed an itemized sworn account of the number of days they
were actually engaged in said appraisement with the orphans' court or
register of wills, as the case may be, and after said sworn statement is
approved by said court or register of wills, as the case may be; provided,
however, that nothing contained in this section shall apply to the orphans'
court or register of wills of the city of Baltimore.

Cited but not construed in Barron v. Smith, 108 Md. 323.

 

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The Annotated Code of the Public General Laws of Maryland, 1924
Volume 375, Page 2941   View pdf image (33K)
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