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The Annotated Code of the Public General Laws of Maryland, 1924
Volume 375, Page 2951   View pdf image (33K)
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TESTAMENTARY LAW. 2951

son applying therefor, or presenting a will or codicil of the supposed
decedent for probate, would be entitled to such letters or to such probate
if the decedent were dead, shall cause to be advertised in a newspaper
published in the county, or the city of Baltimore, as the case may be, once
a week for four successive weeks, the fact of such application together with
notice that on a day certain, at least two weeks after the last advertisement,
the court will hear evidence concerning the alleged absence of the sup-
posed decedent and the circumstances and duration thereof. (b) At the
hearing the court shall take evidence for the purpose of ascertaining
whether the presumption of death is established, and, if satisfied thereof,
shall pass an order so adjudging and forthwith cause notice thereof to be
inserted for two successive weeks in a newspaper published in the county
or city of Baltimore, as the case may be, and also, when practicable, in a
newspaper published at or near the place beyond the State where, when
last heard from, the supposed decedent had his residence. The notice shall
require the supposed decedent, if alive, or any other person for him,. to
produce to the court within twelve weeks from the date of its last inser-
tion, satisfactory evidence of his continuance of life, (c) If, within said
period of twelve weeks, evidence satisfactory to the court of such continu-
ance in life be not forthcoming, the court shall direct probate and letters
testamentary or of administration, as the case may require, to issue, and
such grant shall be as valid as if the supposed decedent were actually
dead, (d) The court may revoke such letters at any time on due and
satisfactory proof that the supposed decedent is in fact alive, after which
revocation all powers of the executor or administrator shall cease, but all
receipts or disbursements and other acts previously done by him shall
remain as valid as if the letters were unrevoked; and the executor or ad-
ministrator shall settle an account of his administration to the time of
revocation and transfer all assets remaining in his hands to the person as
whose executor or administrator he acted, or his duly authorized agent or
attorney; provided, that nothing contained in this section shall validate
the title of any persons to any money or property received as widow, next
of kin or distributee of the supposed decedent, but the same may be re-
covered from such person in any case where recovery might be had if this
section had not been passed, (e) Before any distribution of the proceeds
of the estate of such supposed decedent, the persons entitled thereto shall
respectively give bond with adequate security, to be approved by the court,
in such sum and form as it shall direct, conditioned that if the supposed
decedent shall in fact be at the time alive, they will respectively on
demand refund the amounts received by each with interest thereon. If
any such person is unable to furnish the security, the money shall be
safely invested under the direction of the court, the accruing interest to
be paid to the person entitled, the money to remain invested until the
security is given, or the court, on application, shall order it paid to the
person entitled. (f) After revocation of letters the person erroneously
supposed to be dead may, on suggestion filed of record of the proper fact,
be substituted as plaintiff in all actions brought by the executor or adminis-
trator, at any stage of proceedings, before or after judgment. He may,

 

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The Annotated Code of the Public General Laws of Maryland, 1924
Volume 375, Page 2951   View pdf image (33K)
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