clear space clear space clear space white space
A
 r c h i v e s   o f   M a r y l a n d   O n l i n e

PLEASE NOTE: The searchable text below was computer generated and may contain typographical errors. Numerical typos are particularly troubling. Click “View pdf” to see the original document.

  Maryland State Archives | Index | Help | Search
search for:
clear space
white space
1935 Cumulative Supplement to the Annotated Code of the Public General Laws of Maryland
Volume 378, Page 1220   View pdf image (33K)
 Jump to  
  << PREVIOUS  NEXT >>
clear space clear space clear space white space

1220 ARTICLE 93.

statement or transaction with decedent), which, together with the affidavit of a
disinterested credible witness, constitutes what is generally known as double
probate. Bogart v. Willis, 158 Md. 401.

99.

Cited but not construed in State v. Md. Casualty Co., 164 Md. 74.

An. Code, 1924, sec. 100. 1912, sec. 98. 1904, ch. 97. 1888, sec. 98. 1798, ch. 101,
sub-ch. 9, sec. 9. 1933, ch. 372.

100. It shall not be considered as the duty of an administrator or execu-
tor, to avail himself of the act of limitations to bar what he supposes to be
a just claim, but the same shall be left to his honesty and discretion. One
of two or more administrators or executors, however, may avail himself
of the act of limitations on behalf of all of the administrators, or executors,
and his act in so doing shall be taken to be the act of all the administrators
or executors.

102.

Cited but not construed in State v. Md. Casualty Co., 164 Md. 74.

103.

Cited but not construed in Watkins v. State, 162 Md. 617; State v. Md. Cas-
ualty Co., 164 Md. 74.

105.

Cited but not construed in State v. Md. Casualty Co., 164 Md. 74.

An. Code, 1924, sec. 106. 1012, sec. 104. 1904, sec. 103. 1888, sec. 104.
1798, ch. 101, sub-ch. 8, sec. 5. 1861, ch. 44. 1888, ch. 262. 1929, ch. 570.

106. Executors and administrators shall have full power to commence
and prosecute any personal action whatever, at law or in equity, which the
testator or intestate might have commenced and prosecuted, except actions
of slander; and they shall be liable to be sued in any court of law or equity,
in any action (except for slander) which might have been maintained
against the deceased; and they shall be entitled to and answerable for costs
in the same manner as the deceased would have been, and shall be allowed
for the same in their accounts, if the court awarding costs against them
shall certify that there were probable grounds for instituting, prosecuting
or defending the action on which a judgment or decree shall have been
given against them; provided, however, that any such action for injuries
to the person to be maintainable against an executor or administrator must
be commenced within six calendar months after the death of the testator
or intestate.

To first note to this section under "Generally," page 2905, vol. 2, of Code, add

Keyser v. Richards, 148 Md. 677. (Demurrer to narr, against joint wrongdoers,

sustained.)

109.

In view of intention of executors to invoke "limitations" clause of this sec-
tion against a valid contract, case remanded for passage of money decree to


 

clear space
clear space
white space

Please view image to verify text. To report an error, please contact us.
1935 Cumulative Supplement to the Annotated Code of the Public General Laws of Maryland
Volume 378, Page 1220   View pdf image (33K)
 Jump to  
  << PREVIOUS  NEXT >>


This web site is presented for reference purposes under the doctrine of fair use. When this material is used, in whole or in part, proper citation and credit must be attributed to the Maryland State Archives. PLEASE NOTE: The site may contain material from other sources which may be under copyright. Rights assessment, and full originating source citation, is the responsibility of the user.


Tell Us What You Think About the Maryland State Archives Website!



An Archives of Maryland electronic publication.
For information contact mdlegal@mdarchives.state.md.us.

©Copyright  October 06, 2023
Maryland State Archives