3408 ARTICLE 93

part for the benefit of the creditor; provided he can satisfy the court that
such claim is just or may probably be recovered; and when it is certain
there is a claim of a person out of the State, but the amount thereof can
not be ascertained, the court may allow such sum as it may think proper
to be retained, to be accounted for, nevertheless, if within three years after
the death of the deceased no demand shall be made by the creditor or his
representatives and suit brought on the rejection thereof by the adminis-
trator ; and from the time of making payment to or dividend amongst the
creditors as herein directed, all interest on such claim or proportionable
part thereof shall cease; provided that the administrator shall pay or ten-
der the same, together with such further part as shall be due, on further
money coming into hand, to the creditor on demand; and in case the ad-
ministrator on demand of a greater sum made by such creditor shall ten-
der the principal and interest which were due at the time of such divi-
dend, or the just proportional part thereof, together with such further
proportion as aforesaid of assets, and the claimant shall notwithstanding
bring suit, the administrator at any time before judgment may bring into
court the money so tendered, or money to an equal amount; and if he
shall satisfy the court that the said sum was really the amount of the
principal and interest due at the time of such dividend, or of the propor-
tionable part to which the claimant was entitled at the dividend, together
with such further proportion (if any there arose), the court shall there-
upon give judgment that the sum so brought in, deducting the costs sus-
tained by.the defendant, be paid to the plaintiff, and the said judgment
shall be pleadable in bar to any action afterwards brought to recover the
said debt; or, in case the administrator shall not tender as aforesaid before
the suit brought, the creditor shall recover no more than the proportionable
part due at the time of the dividend, and such further proportion as he
was entitled to on the coming in of further assets, with interest on each
to the time of judgment.

Object of portion of this section authorizing administrator to retain money to meet
a claim; such retainer does not imply an acknowledgment of debt, or remove bar of
statute of limitations. Pole v. Simmons, 49 Md. 19.

Cited but not construed in State v. Md. Casualty Co., 164 Md. 74; Goldsborough v.
DeWitt, 171 Md. 266; Carrollton Bank v. Hollander (Judge Smith, Circuit Court of
Baltimore City), Daily Record, Mar. 7, 1939; Frank et al. v. Warehime, Daily Record,
July 7, 1939.

An. Code, .1924, sec. 106. 1912, sec. 104. 1904, sec. 103.1888, sec. 104. 1798, ch. 101,
sub-ch. 8, sec. 5, 1861, ch. 44. 1888, ch. 262. 1929, ch. 570. 1937, ch. 127.

109. Executors and Administrators shall have full power to commence
and prosecute any personal action whatever, at law or in equity, which
the testator or intestate might have commenced and prosecuted, except
actions of slander, provided, that if the death of the testator or intestate
shall have resulted from the wrong for which any such personal action
might have been commenced, then the Executor or Administrator shall be
entitled to recover the funeral expenses of said testator or intestate, not to
exceed, however, the sum of Three Hundred Dollars ($300.00), in addi-
tion to any other damages recoverable in such actions; and they shall be
liable to be sued in any court of law or equity, in any action (except
slander) which might have been maintained against the deceased; and
they shall be entitled to and answerable for costs in the same manner as
the deceased would, have been, and shall be allowed for the same in their
accounts, if the court awarding costs. against them shall certify that there
were probable grounds for instituting, prosecuting or defending the action