TESTAMENTARY LAW 3393
Administration by Collector.
An. Code, 1924, sec. 61. 1912, sec. 60. 1904, sec. 59. 1888, sec. 60. 1798, ch. 101,
sub-ch. 3, sec. 14.
64. Letters ad colligendum may be granted by the orphans' court of the
county in which the will was proved or authenticated or where letters of
administration ought to be granted in cases of delay on account of absence
from the State of an executor, a contest relative to the will, or right of
administration, or the absence or neglect of an executor or person entitled
to administration to qualify, or from any other cause, and such letters may
be granted to one or more persons, in the discretion of the court, in case
the personal estate of the deceased shall be supposed to be in different
counties.
When right of administrator ad colligendum to sue is challenged, he need only
show that he was appointed and bonded before suit brought; proof held sufficient.
A court of law cannot inquire into propriety of grant of letters. Wilson v. Ireland,
4 Md. 448.
This section referred to in construing secs. 5 and 69—see notes thereto. Wilson v.
Wilson, 3 G. & J. 22.
See notes to sec. 5.
An. Code, 1924, sec. 62. 1912, sec. 61. 1904, sec. 60. 1888, sec. 61. 1798, ch. 101,
sub-ch. 3, sec. 15.
65. The form of such letters shall be as follows: Maryland, ss: The
State of Maryland, to all persons to whom these presents shall come,
greeting: Know ye that whereas ————, of ————, deceased, had, as
it is said, at his decease, personal property within this State, adminis-
tration whereof can not immediately be granted, but which, if speedy care
be not taken, may be lost, destroyed or diminished; to the end therefore
that the same may be preserved for those who may appear to have a legal
right or interest therein, we do hereby request and authorize ————, of
————, to secure and collect the said property wheresoever the same may
be in this State, (or in ———— county or counties,) whether it be goods,
chattels, debts or credits, and to make or cause to be made a true and perfect
inventory thereof, and to exhibit the same with all convenient speed,
together with a reasonable account of his collection, into the office of the
register of wills of ———— county. Witness ————, chief justice of the
orphans' court of ———— county.
Test: C. D., register of wills for ———— county.
Cited but not construed in Baldwin v. Mitchell, 86 Md. 381. And see Warfield v.
Valentine, 130 Md. 592.
An. Code, 1924, sec. 63. 1912, sec. 62. 1904, sec. 61. 1888, sec. 62. 1798, ch. 101,
sub-ch. 3, sec. 16.
66. Every collector, before such letters shall be granted to him, shall
execute a bond to the State in a penalty, and with security approved by the
said court, to be filed, recorded and sued as an administration bond, with
the following condition: "The condition of the above obligation is such,
that if the above bounden ———— shall well and honestly discharge the
office of collector of the goods, chattels and personal estate and debts of
————, deceased, in the State of Maryland, (or ———— county,) and shall
make or cause to be made a true and perfect inventory or inventories of
such said goods, chattels, personal estate and debts as shall come to his
possession or knowledge, and the same shall in due time return to the
register of wills of ———— county, and shall also deliver to the person
or persons who shall be authorized by the orphans' court of said county
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