TESTAMENTARY LAW 3899

Administration by Foreign Executors and Administrators.

An. Code, 1924, sec. 77. 1912, sec. 76. 1904, sec. 75. 1888, sec. 76. 1813, ch. 165.

80. Any person to whom letters testamentary or administration have
been granted by the proper authority in the District of Columbia, may
maintain any suit or action, and prosecute any claim in this State, in the
same manner as if the said letters had been granted to such person by the
proper authority in this State, and the letters testamentary or of adminis-
tration, or a copy thereof, certified under the seal of the authority granting
the same, shall be sufficient evidence to prove the granting thereof, and
that the person hath administration.

This section places executors of District of Columbia in same position as Maryland
executors. The court's seal proves itself. Mangun v. Webster, 7 Gill, 80.

This section held to have been complied with. Barton Coal Co. v. Cox, 39 Md. 20.
And see Hepburn's Case, 3 Bl. 103.

For cases holding that an administrator appointed in another state cannot sue in
Maryland without taking out letters here, see notes to sec. 15.

See secs. 43 and 84.

See also art. 16, sec. 147.

See sec. 43.

An. Code, 1924, sec. 78. 1912, sec. 77. 1904, sec. 76. 1888, sec. 77. 1839, ch. 41, sec. 1.
1849, ch. 447, sec. 1. 1874, ch. 483, sec. 103. 1888, ch. 249.

81. If any person being a resident of any other State, district or terri-
tory of the United States, or of any foreign country, shall die possessed
of or entitled to any of the public stocks or debts created or issued upon
the credit of this State, or of the stock or debt created or issued upon the
credit of the city of Baltimore, or of the capital stock of any joint stock
company incorporated by the authority of this State, or of any national
bank in this State, his right or title thereto shall devolve on his executor
or administrator, duly constituted and appointed as such by the law of the
State, district, territory or country wherein he may have resided at the
time of his death, in the same manner as if the said executor or adminis-
trator had been duly constituted and appointed as such by the proper
authority in this State.

This section applied. Citizens' National Bank v. Sharp, 53 Md. 531.

An. Code, 1924, sec. 79. 1912, sec. 78. 1904, sec. 77. 1888, sec. 78. 1839, ch. 41, sec. 2.
1849, ch. 447, sec. 2. 1874, ch. 483, sec. 104.

82. Nothing contained in the preceding section shall deprive the courts
of this State of their authority to grant administration on the estate of
such deceased person, and the right of a person so appointed shall be pre-
ferred to the right of the foreign executor or administrator; provided,
notice of the claim of the domestic executor or administrator to such stock
be given to the proper officer having charge of the stock book wherein such
stock is entered, and having authority to make or allow a transfer thereof
before any sale or transfer thereof has actually been made by the foreign
executor or administrator; and provided further, that administration shall
not be granted to any one in this State, except the next of kin, residuary
legatee, or a creditor who shall make oath to and exhibit the vouchers of
his claim before obtaining administration.

The proviso clause at end of this section means that letters should be granted to
those who by the existing law were entitled, it not being intended to take away from
orphans' court their discretion under sec. 32. Dalrymple v. Gamble, 66 Md. 309.