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The Annotated Code of the Public General Laws of Maryland, 1924
Volume 375, Page 2958   View pdf image (33K)
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2958 ARTICLE 93.

livery thereof to the administrator, and may enforce obedience to such
order by attachment, imprisonment or sequestration of property.

Where title to personal property is involved, an executor may not be proceeded
against under this section. Safe Dep. & Trust Co. v. Coyle, 133 Md. 348; Lipson v.
Evans, 133 Md. 377.

Nature of the jurisdiction conferred by this section. Proof of concealment. Smith
v. Stockbridge, 39 Md. 646.

Where question is not one of concealment but of title to property, orphans' court
has no jurisdiction under this section. Daugherty v. Daugherty, 82 Md. 231; Gibson
v. Cook, 62 Md. 260.

Title to decedent's property vests in administrator. An inventory may upon
application 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.

This section distinguished from sec. 253. The allegation of " concealment" is
essential to jurisdiction under this section. What amounts to concealment? Taylor
v. Bruscup, 27 Md. 225; Linthicum v. Polk, 93 Md. 91.

Where a mortgagor dies, and subsequently his executor dies, an administrator
d. b. n. should be appointed under sec. 71. If one of mortgagor's children is con-
cealing information concerning mortgagor's estate, the mortgagee's remedy is under
this section, and he need not go into equity. Macgill v. Hyatt, 80 Md. 257.

Cited but not construed in Hignutt v. Cranor, 62 Md. 219.

See notes to secs. 235, 253 and 254.

An. Code, sec. 244. 1904, sec. 243. 1888, sec. 239. 1831, ch. 315, sec. 13.

253. The provisions of the aforegoing section are extended to all cases
where any person interested in any decedent's estate shall by bill or peti-
tion allege that the administrator has concealed, or has in his hands and
has omitted to return in the inventory or lists of debts any part of his
decedent's assets; and if the court shall finally adjudge and decree in
favor of the allegations of such petition or bill, in whole or in part, they
shall order an additional inventory, or list of debts, as the case may be, to
be returned by the administrator, and appraisement to be made accord-
ingly, to comprehend the assets omitted; and such additional inventory or
list of debts shall have the same effect to all intents and purposes as any
inventory or list of debts before returned; and the court may compel obe-
dience to the said order by attachment and imprisonment and sequestration
of property; and if the said administrator shall, either before or after
such process of attachment, imprisonment and sequestration, fail to comply
with such order, his letters of administration may. be revoked, and
the court may direct his bond to be put in suit; and the assets ordered to
be comprised in such additional inventory or list of debts shall be decreed
and taken to be within the condition of said bond.

A petition held not to bring a case within this section, and hence right of appeal
is not limited by sec. 254. A petition could have been filed under this section and
jurisdiction of orphans' court could not have been ousted by denying that title of the
fund was in estate. The orphans' court has jurisdiction to determine title to personal
property in a proceeding under this section in so far as persons interested in estate
and administrator are concerned; court has no jurisdiction as between an adminis-
trator and a third person claiming title to the property. Correction of inventory.
Pratt v. Hill, 124 Md. 256...

Necessary allegations and proof to make out a case against an administrator under
this section. Collusion. Sec. 245 held to have no application. Hignutt v. Cranor,
62 Md. 219.

The only instance in which orphans' court can determine questions of title to per-
sonal property is as pointed out in this section. How other questions of title to

 

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The Annotated Code of the Public General Laws of Maryland, 1924
Volume 375, Page 2958   View pdf image (33K)
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