TESTAMENTARY LAW 3375

No action of courts can deprive administrator of deceased administrator of his
right to show payments made by his decedent. Payments will be allowed though
made prior to statement of a former account. Donaldson v. Raborg, 28 Md. 54.

A question of interest on money in hands of deceased administrator should be raised
by a preliminary proceeding under this section, and not under sec. 76. Limitations
and laches. Donaldson v. Raborg, 26 Md. 328. And see Donaldson v. Raborg, 28
Md. 53; Biays v. Roberts, 68 Md. 514. As to interest, see also Smithers v. Hooper,
23 Md. 286.

An account passed by executor of an executrix after latter's death, held to be
unauthorized by act of 1816, ch. 203. Haslett v. Glenn, 7 H. & J. 23.

An. Code, 1924, sec. 13. 1912, sec. 13. 1904, sec. 13. 1888, sec. 13. 1785, ch. 80, sec. 8.

1798, ch. 101, sub-ch. 8, sec. 2.

14. The orphans' court shall have power to make allowance to any
administrator or collector for property of the decedent which hath per-
ished or been lost without the fault of the party; and no profit shall be
made and no loss sustained by an administrator in the increase or decrease
of the estate under his management; but the administrator shall return
an inventory and account for such increase, and may be allowed for such
decrease on the settlement of the final or other account.
Cited but not construed in Gibbons v. Riley, 7 Gill, 84.

Administration.

An. Code, 1924, sec. 14. 1912, sec. 14. 1904, sec. 14. 1888, sec. 14. 1798, ch. 101,
sub-ch. 5, sec. 2. 1865, ch. 162.

15. Whenever any person shall die intestate, leaving in this State per-
sonal estate, letters of administration may forthwith be granted by the
orphans' court of the county wherein was the party's mansion house or
residence; or in case he had no mansion or residence within the State,
letters shall be granted in the county where the party died; and in case
the party neither had mansion or residence nor died within this State,
letters may be granted in the county wherein lies or is supposed to lie a
considerable part of the party's personal estate. Nevertheless whenever
any person shall die, leaving in this State property subject to administra-
tion, the said letters of administration shall be granted in the county
wherein was the mansion house or residence of the deceased; provided,
he had such property lying in said county.

Residence.

The orphans' court to which application is made for letters has jurisdiction to
determine question of residence; such question held to have been correctly determined.
Oberlander v. Emmel, 104 Md. 260. And see Stanley v. Safe Deposit Co., 87 Md. 453;
Ensor v. Graff, 43 Md. 293; Pattison v. Firor, 146 Md. 247.

The word "residence" as used in this section means fixed and permanent home or
domicile of deceased as distinguished from a place of temporary abode; letters can
only be properly granted by orphans' court of county in which deceased had his
domicile at time of his death. The general rule is that in absence of a decree of
separation or divorce legal domicile of wife follows that of her husband. The orphans'
court is authorized and required to determine residence of deceased at time o_f his
death, and its decision cannot be reviewed in collateral proceedings. Whiting v. Shipley,
127 Md. 117.

The legal effect of the admission of a will to probate held, in so far as case at bar
was concerned, to conclusively establish testator's residence or domicile at time of
her death. Harding v. Schapiro, 120 Md. 549.

Generally. ,

Where a notice to creditors is given and all claims filed have been settled, no other
claims can be presented against real estate in hands of a purchaser in good faith for
value without notice. Sec. 117 does not alter law as laid down in Van Bibber v.
Reese, 71 Md. 608. Purpose of sec. 117; it did not repeal or amend this section.
Question whether form of notice provided in sec. 116 sufficiently complies with sec.
117, not passed upon. Seaman v. Seaman, 141 Md. 6.