TESTAMENTARY LAW 3395

Administration Durante Minoritate.

An. Code, 1924, sec. 68. 1912, sec. 67. 1904, sec. 66. 1888, sec. 67. 1798, ch. 101,

sub-ch. 3, sec. 20.

71. Administration durante minoritate of an executor may be granted
by the orphans' court of the county wherein letters testamentary should
be granted, and such administration shall last until the executor shall
attain to the age of eighteen years.

Administration Pendente Lite.

An. Code, 1924, sec. 69. 1912, sec. 68. 1904, sec. 67. 1888, sec. 68. 1810, ch. 34, sec. 6.

1894, ch. 107.

72. In all cases where the validity of a will is or shall be contested,
letters of administration pending such contest may, in the discretion of
the orphans' court, be granted to the person named executor or to the
person to whom the largest portion of the personal estate may be bequeathed
in such contested will, or to the person who would be entitled to letters of
administration by law, as in cases of intestacy.

The appointment of a brother of testator as administrator pendente lite, upheld
under this section. He would also have been entitled under secs. 22 and 24. Notice
of probate of will need only be given where none of near relatives of the decedent
are present at probate. Daughtery v. Daughtery, 131 Md. 492.

The last clause of this section does not make eligible only those first entitled in
case of intestacy, but should they renounce, then those next entitled will be eligible;
in other words, persons entitled means those entitled at time letters are issued. The
selection among those entitled is within discretion of orphans' court. Lewis v. Logan,
120 Md. 331.

This section referred to in deciding that equity would not enjoin an administrator
pendente lite from performing his duties because one of judges of orphans' court
which appointed him was a remainderman under will; defects in record. An appeal
lies to court of appeals direct from order appointing administrator pendente lite.
See note to sec. 243. In re Curtis Estate v. Piersol, 117 Md. 173.

This and following section referred to in holding that plaintiff was not injured
by refusal of court in a caveat case to admit in evidence a copy of account stated
by defendant as administrator pendente lite, and a copy of exceptions of plaintiff
thereto. Michael v. Smith, 124 Md. 127.

An administrator pendente lite should have been appointed under this section where
a caveat was filed before will was probated. Tatem v. Wright, 139 Md. 30.

This section has no application if will has been probated and letters testamentary
granted although a caveat is subsequently filed. Munnikhuysen v. Magraw, 35 Md.
290; Grill v. O'Dell, 111 Md. 66; Pacy v. Cosgrove, 113 Md. 320.

Letters pendente lite are only granted in case of a contest over a will. Where such
contest has been settled and until it is reopened, such letters are properly refused.
Munnikhuysen v. Magraw, 57 Md. 195.

This section and sec. 73 mean that an administrator pendente lite shall remain in
office until issue of letters testamentary or of administration. Reason for administration
pendente lite and how long it continues. An appointment held in substantial con-
formity with this section. Harrison v. Clark, 95 Md. 311. And see Hanna v. Munn,
3 Md. 233; Scoffield v. Craddock, 7 H. & J. 40.

An administrator pendente lite is subject to same general rules as other adminis-
trators; he may be required to pay decedent's debts and must collect and preserve
assets. Baldwin v. Mitchell, 86 Md. 380. And see Ex Parte Worthington, 54 Md. 359;
Warfield v. Valentine, 130 Md. 592.

An executor appointed administrator pendente lite held not entitled to additional
compensation—see notes to sec. 8. Renshaw v. Williams, 75 Md. 506.

An appointment held to be in conformity with discretion vested in court by this
section. McIntire v. Worthington, 68 Md. 208; Cain v. Warford, 3 Md. 462. And
see Estate of Colvin, 3 Md. Ch. 297.

This section referred to in discussing the limited discretion vested in the orphans'
court. Georgetown College v. Browne, 34 Md. 458.

See notes to sec. 73.

An. Code, 1924, sec. 70. 1912, sec. 69. 1904, sec. 68. 1888, sec. 69. 1798, ch. 101,
sub-ch. 5, sec. 4. 1820, ch. 34, sec. 6.

73. In all cases where administration durante minoritate, or pendente
lite shall be granted, the grant of letters testamentary or of administra-
108