1062 ARTICLE 4.

annum, payable in monthly instalments at the end of each and every
month by the Hayor and 'City Council of Baltimore.

1912, ch. 167. 1922, ch. 331.

353A. Every executor or administrator within ninety days after the
grant of letters, shall pay, out of the first moneys received by him, after
the first cost of letters of administration, and after all taxes due from
his decedent shall have been paid or determined, the funeral expenses of
his decedent, to be allowed in the discretion of the Orphans' Court ac-
cording to the condition and circumstances of the deceased, in no event
to exceed $300.00, except by special order of court, and provided the
estate of the decedent be solvent, and the same shall be preferred to all
debts and claims against the deceased, except for taxes due and in arrears
from the decedent. If the said funeral expenses be not paid within ninety
days after the grant of letters testamentary or of administration, the
person or corporation having a claim for such funeral expenses may pre-
sent to the Orphans' Court a petition verified by oath praying that the
executor or administrator may be cited to show cause why he should not be
required to make such payment, and a citation shall be issued accordingly.
If upon the return of said citation it shall appear that the executor or
administrator has received moneys belonging to the estate, which are
applicable to the payment of the claims for funeral expenses, the Orphans'
Court shall, unless the validity of the claim admitted by such executor or
administrator, take proof as to the amount and validity of the claim, and
if satisfied that such claim is valid, shall fix and determine the amount
clue thereon, and shall make an order directing the payment within ten
days after the date of such order and service of a copy thereof upon such
executor or administrator of such claim or such proportion thereof as the
money in the hands of the executor or administrator applicable thereto
may be sufficient to satisfy. If it shall appear that no money has come
into the hands of the executor or administrator, the proceedings shall be
dismissed without costs in the discretion of the Court and without preju-
dice to a further application or applications showing that since such dis-
missal the executor or administrator has received money belonging to
the estate. Such application shall be made upon a petition verified by
oath stating the facts upon which the belief of the petitioner, that there
are moneys in the hands of such executor or administrator applicable to
the payment of his claim, is based. Upon such further application the
issuance of the citation shall be in the discretion of the Orphans' Court,
and no such application shall be made less than three months after the
denial of any previous application. If upon any accounting it shall ap-
pear that an executor or administrator has failed to pay a claim for funeral
expenses, the amount of which has been fixed and determined by the
Orphans' Court as above set forth or upon such accounting he shall not
be allowed for the payment of any debt or claim against the decedent until
said claim for funeral expenses has been discharged in full; and upon
failure of any executor or administrator to pay any claim for funeral
expenses, after an order so to do, he may, upon application, be removed.