CHANCERY. 189

1933 (Special Sess.), ch. 79, sec. 225B.

225C. If any such unlocated person, or persons, or his or their legal
representative, or representatives, shall appear at any time, after payment
has been made under the preceding section, the School Commissioners,
receiving such payment shall repay the same to such unlocated person,
or persons, or his or their legal representative, or representatives, without
interest.

Sales.

232.

Deficiency decree may only be entered against party who might be sued on
covenants in mortgage; not against guarantor. Kushnick v. Bldg. & Loan Assn.,
153 Md. 644.

Decision under this section cited in construing sec. 239. See notes thereto.
Mercantile Bank v. Title Guar. Co., 153 Md. 325.

Cited but not construed in Prodis v. Constantinides, 167 Md. 36.

An. Code. 1924. sec. 233. 1912. sec. 218. 1904, sec. 208. 1888, sec. 188. 1785, ch. 72,

sec. o. 1783, ch. 78 1789, ch. 46. 1790, ch. 38. 1794, ch. 60. 1795, ch. 88,

sec. 3. 1818, ch. 193, sec. 2. 1833, ch. 150, sec. 1. 1864, ch. 360.

1890, ch. 320. 1900, ch. 320. 1922, ch. 330, sec. 218.

1933,, ch. 57.

233. Where any person dies, or shall have died, leaving any real estate
in possession, remainder or reversion, and not leaving personal estate
sufficient to pay his debts and costs of administration, the court, on any
suit instituted by any of his creditors, or by the executor, administrator or
other personal representative of said decedent, may decree that all the
real estate of such person, or so much thereof as may be necessary, shall
be sold to pay his debts; and the funeral expenses of the decedent, to be
allowed in the discretion of the court according to the condition and
circumstances of the deceased, not to exceed three hundred dollars, except
by special order of court, and provided the estate of the deceased be
solvent, shall be considered the debt of said decedent, and in the distri-
bution of the proceeds arising from any sale under this section, the claim
for funeral expenses shall take priority to all claims of the common
creditors of the deceased. This section to apply to all cases where the
heirs or devisees are residents or non-residents, or are of full age, or
infants, or of sound mind, or non compos mentis, and to cases where the
parties left no heirs, or where it is not known whether he left heirs or
devisees, or, if the heirs or devisees be unknown and if there be no heirs
the State's Attorney shall appear to the bill.

Liability of life tenant to make good to remaindermen loss of assets from

investments is a debt for payment of which real estate of life tenant may be

resorted to. Carroll v. Bowling. 151 Md. 65.
As to sales by executors and administrators, see art 93, sec. 290, et seq. As to

application of purchase money, contingent remainders, apportionments of rents,

etc., see art. 93, sec. 305A, et seq.
This section and art. 46, sec. 1, and art. 93, sec. 299, held not to subject real

estate of decedent to expense of administration. Safe Dep. & Tr. Co. v Tait

54 Fed. (2nd), 387.
Decedent's realty not subject to administration expense, hence only interest

of surviving spouse subject to federal estate tax. Tait v. Safe Deposit & Trust

Co., 70 Fed. (2nd), 79.