TESTAMENTARY LAW 3407

reason to apprehend that the personal estate and assets which are or shall
be in his hands will be insufficient to discharge the just debts of and claims
against the deceased; it shall likewise be his duty, once in every term of
six months, after the first distribution, to make a distribution of the money
which hath since come to his hands, until he shall have fully administered,
and on failure, his administration bond may be put in suit.

The provisions of secs. 1-3, 106, 112, 116, 127 and 212-220 with respect to time of
accounting are directory, as time of settlement is subordinate to exigencies of reasonable
and prudent administration. Goldsborough v. DeWitt, 171 Md. 253.

The time limit specified for administering estate is no excuse for delay in filing
account but restricts time which may be properly taken for complete administration.
Right of legatee to sue on administration bond on failure of administrator to make
distribution. State v. Brown, 170 Md. 97.

The time limit within which payments of claims should be made must be read in
connection with its own implicit reservations and with other sections of the Article
that are in pari materia; exigencies of particular estates or conditions. Delay in, sale
of securities of estate on order of Orphans' Court does not subject executor to payment
of interest on mortgage debt. Goldsborough v. DeWitt, 171 Md. 225.

Cited but not construed in Watkins v. State, 162 Md. 617; State v. Md. Casualty Co.,
164 Md. 74.

Executors should pay creditors within thirteen months, and then distribute any
surplus in their hands. Coward v. State, 7 G. & J. 479.

If administrator has the money and fails to pay creditors, he may be charged with
interest after expiration of thirteen months. Gwynn v. Dorsey, 4 G. & J. 462. And as
to legatees, see Mickle v. Cross, 10 Md. 352.

As to interest on the claims of creditors, see also Donaldson v. Raborg, 26 Md. 313;
Hammond v. Hammond, 2 Bl. 306.

Ordinarily legacies are payable at expiration of one year from testator's death,
and bear interest from that time. When interest is payable from testator's death.
White v. Donnell, 3 Md. Ch. 526. And see Iglehart v. Kirwan, 10 Md. 559; Hammond
v. Hammond, 2 Bl. 306; Thomas v. Frederick County School, 9 G. & J. 115.

This section referred to in determining the distribution of money in a creditor's suit.
Welch v. Stewart, 2 Bl. 39.

This section and sec. 110 are in pari materia and must be construed together—see
notes to sec. 110. Mertens v. Moore, 108 Md. 637.

An. Code, 1924, sec. 104. 1912, sec. 102. 1904, sec. 101. 1888, sec. 102. 1798, ch. 101,

sub-ch. 8, sec. 16.

107. In all cases where an administrator is to make payment or dis-
tribution amongst the creditors of his decedent, he may give notice three
successive weeks previously in some convenient newspaper, of the time
and place for making it; and in case the creditor shall not attend in person
or by agent or attorney to receive the amount or proportionable part of
his claim, all interest on such claim, or proportionable part, shall cease
from that time; provided that the administrator shall at any time there-
after, on demand, pay the said claim or proportionable part to the party,
his agent or attorney duly authorized; and whenever the administrator
shall proceed to make an additional payment or dividend, he may adver-
tise as aforesaid, and interest shall stop as aforesaid; and if, at any addi-
tional dividend, a just claim, established as hereinbefore directed, shall
be exhibited, the creditor shall be entitled to such sum as will place him
on equal footing with those who have already received a dividend.

This section referred to as showing that it is executor's duty to distribute to repre-
sentatives of deceased whenever debts are paid. Coward v. State, 7 G. & J. 479.

Cited in Goldsborough v. DeWitt, 171 Md. 266.

An. Code, 1924, sec. 105. 1912, sec. 103. 1904, sec. 102. 1888, sec. 103. 1798, ch. 101,

sub-ch. 8, sec. 10.

108. It shall be the duty of an administrator to pay all just claims
against his decedent exhibited to him, or a just proportionable part thereof,
according to the assets; and if any claim be known to him (although the
same be not exhibited) he shall retain the same, or a just proportionable