3370 ARTICLE 93

hundred dollars ($300.00) except by special order of the Court, and pro-
vided the estate of the decedent be solvent; second, his allowance for costs
and extraordinary expenses (not personal) which the Court may think
proper to allow, laid out in the administration or distribution of the estate
or in the recovery or security of any part thereof, costs to include reason-
able fees for legal services rendered upon any matter in connection with
the administration or distribution of the estate in respect to which the
Court may believe legal services proper, and in addition to include com-
missions, which shall be at the discretion of the Court not under two per
cent nor exceeding ten per cent on the first Twenty Thousand Dollars
($20,000.00) of the estate, and on the balance of the estate not more than
two per cent; third, the widow's allowance as in this article directed to be
paid; fourth, all taxes due by his decedent; fifth, charges for medical at-
tendance, including nursing attendance in last illness, to be allowed at the
discretion of the Court according to the conditions and circumstances of
the deceased, not to exceed One Hundred Dollars ($100.00), not more
than Fifty Dollars ($50.00) of which shall be paid to the physician or
physicians furnishing said medical attendance and not more than Fifty
Dollars ($50.00) of which shall be paid to the nurse or nurses furnishing
said nursing attendance; sixth, the allowance for things lost or which have
perished without the party's fault, which allowance shall be according to
the appraisement; seventh, debts of the deceased proved or passed in the
following order, (a) claims for rent in arrears against deceased persons,
for which a distress might be levied by law, but not for a period of more
than three months; (b) claims for wages, salaries or commissions to clerks,
servants, salesmen or employees contracted not more than three months
prior to decedent's death, and claims founded on judgments and decrees,
(c) all other just claims. If there be not sufficient to discharge all such
judgments and decrees, a proportionate dividend shall be made between
the judgment and decree creditors.

Commissions.

Practice of Orphans' Court of approving inventories in which whole estate is re-
turned regardless of liens and claims, and of fixing commission based on inventory,
not at variance with statutes—assets outside of state. Discretion of Orphans' Court
in fixing commissions. York v. Md. Trust Co., 150 Md. 358.

Discretion of Orphans' Court in fixing commissions; no appeal. Brown v. Tydings,
149 Md. 25.

This section referred to relative to the discretion of courts to fix the commissions to
be allowed trustees. Schloss v. Rives, 162 Md. 346.

This section referred to in construing art. 81, sec. 104. Downes v. Safe Dep. & Tr.
Co., 164 Md. 301.

Orphans' Court has power to allow commissions within limits prescribed and to
review its action on application within reasonable time, and to reduce the commissions
originally fixed, since they are not earned until administration account is passed. Harlan
v. Hunter, 170 Md. 518.

No provision of testator can affect discretion vested in orphans' court to fix com-
missions within limits prescribed by this section, and failure of executor to claim
commissions is immaterial. (See, however, sec. 8.) Construction of a direction in a
will that executor be allowed "reasonable" commissions. When only an appeal lies
from action of court in fixing commissions. In re Watts, 108 Md. 698; Handy v.
Collins, 60 Md. 231; Dalrymple v. Gamble, 68 Md. 167; In re Baxley, 47 Md. 561;
Wilson v. Wilson, 3 G. & J. 23; Ringgold's Case, 1 Bl. 9; McKim v. Duncan, 4 Gill,
84; Nichols v. Hodges, 1 Pet. 565. Cf. State v. Baker, 8 Md. 49.

An executor will not be allowed commissions on notes or bonds for payment of
money unless he collects same; contra as to stocks and bonds payable to bearer,
and having a market value. Handy v. Collins, 60 Md. 231 (decided prior to act of
1884, ch. 470). Cf. Hardt v. Birely, 72 Md. 138.

Where the will contains a bequest to one of two executors in lieu of commissions—
see sec. 8—the other executor can only be allowed one-half of the maximum stated
in this section. Lee v. Lee, 6 G. & 3. 316.

The minimum rate of commissions as prescribed in this section only applies where
administration is full and complete. Commissions for partial administration. In re