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The Annotated Code of the Public General Laws of Maryland, 1939
Volume 379, Page 3394   View pdf image (33K)
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3394 ARTICLE 93

to receive them, such of the said goods, chattels, personal estate and debts,
as shall come to his possession, (except such as shall be allowed for by
the said court,) then the above obligation is to be void, or it is otherwise
to remain in full force and virtue in law."

Cited but not construed in Baldwin v. Mitchell, 86 Md. 381. And see Warfield v.
Valentine, 130 Md. 592.

See notes to secs. 40, 52 and 64.

An. Code, 1924, sec. 64. 1912, sec. 63. 1904, sec. 62. 1888, sec. 63. 1798, ch. 101,

sub-ch. 3, sec. 17.

67. Every collector on the grant of letters shall take the following
oath: "I, ————, do swear that I will well and honestly discharge the
office of collector of the goods, chattels, personal estate and debts of ————,
deceased, according to the tenor of the letters granted to me by the orphans'
court of ———— county, and agreeably to the directions of law, to the
best of my knowledge, so help me God."

Cited but not construed in Baldwin v. Mitchell, 86 Md. 381. And see Warfield v.
Valentine, 130 Md. 592.

An. Code, 1924, sec. 65. 1912, sec. 64. 1904, sec. 63. 1888, sec. 64. 1798, ch. 101,

sub-ch. 3, sec. 18.

68. A collector shall collect the goods, chattels and personal estate, and
debts of the deceased, and cause the same to be appraised, and return an
inventory thereof in the manner prescribed for an administrator, and secure
the same at such reasonable expense as the court shall allow; and may,
under the authority of the court, sell perishable articles; and he may bring
suits for debts or other property, as an administrator may do, and shall
account for the money or property recovered.

Cited but not construed in Baldwin v. Mitchell, 86 Md. 381. And see Warfield v.
Valentine, 130 Md. 592.

An. Code, 1924, sec. 66. 1912, sec. 65. 1904, sec. 64. 1888, sec. 65. 1798, ch. 101,

sub-ch. 3, sec. 18.

69. The orphans' court may allow a collector a commission on the prop-
erty and debts actually collected and afterwards delivered to the executor
or administrator, not exceeding three per cent., or on the whole inventory

not exceeding two per cent.

The commissions allowed a collector and those allowed an executor are distinct
and independent. It is immaterial, therefore, that commissions allowed two officials
aggregate more than ten per cent. Wilson v. Wilson, 3 G. & J. 22.

This section referred to in construing sec. 5—see notes thereto. In re Estate Baxley,
47 Md. 559.

See notes to secs. 5 and 78.

An. Code, 1924, sec. 67. 1912, sec. 66. 1904, sec. 65. 1888, sec. 66. 1798, ch. 101,

sub-ch. 3, sec. 20.

70. On granting of letters testamentary or' of administration, the
powers of any such collector shall cease, and it shall be his duty to deliver
on demand all the property and money of the decedent in his hands, except
as before excepted, to the person obtaining such letters; and in case of the
collector's evading such demands, or refusing or neglecting to deliver
according to such demand, made at a reasonable time and place, either the
court may proceed against him by attachment and impose a fine not
exceeding ten per cent, on the amount of property in his hands, or his
bond may be sued by the executor or administrator.


 

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The Annotated Code of the Public General Laws of Maryland, 1939
Volume 379, Page 3394   View pdf image (33K)
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