3406 ARTICLE 93

An. Code, 1924, sec. 100. 1912, sec. 98. 1904, ch. 97. 1888, sec. 98. 1798, ch. 101,
sub-ch. 9, sec. 9. 1933, ch. 372.

103. It shall not be considered as the duty of an administrator or execu-
tor, to avail himself of the act of limitations to bar what he supposes to be
a just claim, but the same shall be left to his honesty and discretion. One
of two or more administrators or executors, however, may avail himself
of the act of limitations on behalf of all of the administrators, or executors,
and his act in so doing shall be taken to be the act of all the administrators
or executors.

If an administrator acts honestly under this section, he will not be removed for
not pleading statute of limitations. Dunningan v. Cummins, 115 Md. 297.

If the executor does not plead statute, no one else can. Gordon v. Small, 53 Md.
559; Spencer v. Spencer, 4 Md. Ch. 465. And see Miller v. Dorsey, 9 Md. 323; Bowling
v. Lamar, 1 Gill, 359.

For a case dealing with limitations, where the administrator is also a creditor of
the estate, see Semmes v. Young, 10 Md. 242.

As to how far the plea of limitations is applicable to orphans' court proceedings,
see Bowling v. Lamar, 1 Gill, 358.

See notes to sec. 101.

An. Code, 1924, sec. 101. 1912, sec. 99. 1904, sec. 98. 1888, sec. 99. 1798, ch. 101,

sub-ch. 9, sec. 13.

104. No administrator shall be obliged to discharge any claim of which
vouchers and proofs shall be exhibited as aforesaid, but may reject and at
law dispute the same, in case he shall have reason to believe that the de-
ceased never owed the debt or had discharged the same or a part thereof
or had a claim in bar.

Where an executor pays a claim in part, an administrator d. b. n. subsequently
appointed may dispute balance of claim. Pole v. Simmons, 49 Md. 19.

This section referred to in construing sec. 112—see notes thereto. Coburn v. Harris,
53 Md. 372.

Cited but not construed in Flater v. Weaver, 108 Md. 672; Frank et al. v. Warehime,
Daily Record, July 7, 1939.

See notes to secs. 105 and 124.

An. Code, 1924, sec. 102. 1912, sec. 100. 1904, sec. 99. 1888, sec. 100. 1802, ch. 101, sec. 9.

105. In no case shall the order made by the orphans' court or register
of wills that an account or claim will pass when paid be deemed of validity
to establish such claim or account, but in case the administrator thinks fit
to contest the same, such account or claim shall derive no validity from the
order aforesaid, but shall be proved in the same manner as if no such order
had been made.

The executor alone decides when to dispute a claim, and the only restraint upon
him is that provided by sec. 109. Bowie v. Ghiselin, 30 Md. 557.

This section applied. Improper charges in a funeral bill. Custom. Schaeffer v,
Schaeffer, 54 Md. 684.

In a suit by a creditor against an administrator, a devastavit may be inquired into.
Seighman v. Marshall, 17 Md. 570.

For effect of orphans' court's determination upon a claim against an estate, and
of decision of appellate court thereon, see Levering v. Levering, 64 Md. 413.

Cited but not construed in Flater v. Weaver, 108 Md. 672; State v. Md. Casualty
Co., 164 Md. 74.

See notes to sec. 124.

An. Code, 1924, sec. 103. 1912, sec. 101. 1904, sec. 100. 1888, sec. 101. 1798, ch. 101,

sub-ch. 8, sec. 14.

106. An administrator shall discharge all just claims known to him,
or pay each claimant his just proportion of the money then in his hands
(retaining as herein directed), within thirteen months from the date of
his letters, or within such further time, not exceeding four months longer,
as shall be allowed by the orphans' court, on his making oath that he hath