TESTAMENTARY LAW 3409

on which a judgment or decree shall have been given against them; pro-
vided, however, that any such action for injuries to the person to be main-
tainable against an executor or administrator must be commenced within
six calendar months after the death of the testator or intestate.

One injured in collision of automobile in which she was riding, with automobile
negligently driven by one killed therein, had cause of action against executor of
decedent's estate but not against decedent's father, who owned automobile. Grim v.
Lumbermen's Mutual Casualty Co., 26 F. Supp. 715.

Costs and counsel fees.

The allowance of a counsel fee of $75 and of costs in an appeal from justice of the
peace (whose judgment was a sufficient protection to the administrator), in a replevin
suit involving property appraised at $40, the personal estate being inventoried at $170,
held improper. Martin v. Staubs, 142 Md. 271-2.

Allowance of counsel fee and costs held improper in view of this section. Authorities
reviewed. Beachley v. Estate of Bollinger, 119 Md. 154.

Where costs are rendered against administrator under this section, such judgment
is against administrator personally and not against estate. Hence administrator's
surety is not responsible. Ferguson v. Cappeau, 6 H. & J. 402.

The authority given orphans' court by sec. 5 to allow costs and counsel fees is
somewhat modified by this section. Dalrymple v. Gamble, 68 Md. 164.

This section provides the only restraint upon executors in disputing claims. Bowie v.
Ghiselin, 30 Md. 557.

Generally.

In action for funeral expenses under this section, see notes to art. 56, sec. 196, and
art. 67, sec. 1, in this particular case. White v. State, 106 F. (2d) 392.

This section referred to in construing art. 67, sec. 1. Davis v. Ruzicka, 170 Md. 114,
116.

Cited in Carrollton Bank v. Hollander (Judge Smith, Circuit Court of Baltimore
City), Daily Record, Mar. 7, 1939; White v. State (U. S. Circuit Court of Appeals,
4th Circuit), Daily Record, Sept. 1, 1939.

Distinction drawn between right of action under this section for personal injuries
resulting in death, and right of action under art. 67, sec. 1; each is ir dependent of
other. History of this section. Stewart v. United Electric, etc., Power Co., 104 Md.
334; Melitch v. United Rwys. Co., 121 Md. 463; W., B. & A. R. Co. v. State, 136 Md.
120; White v. Safe Dep. & Tr. Co., 140 Md. 598; Keyser v. Richards, 148 Md. 677
(demurrer to narr, against joint wrongdoers sustained).

Money collected by administrator under this section for damages to deceased and
his estate must be duly accounted for like other assets; contra as to damages recovered
by administrator under statute of another jurisdiction (similar to those recoverable
in Maryland under article 67), on account of death of deceased. Dronenburg v. Harris,
108 Md. 616.

Suit may not be brought under this article or under art. 67, sec. 1, or art. 75, sec. 29,
by husband of woman who was killed by man, since deceased, against personal repre-
sentative of latter. "Actio personalis moritur cum persona." Meaning of "injuries to
the person." Demczuk v. Jenifer, 138 Md. 490. And see White v. Safe Dep. & Tr. Co.,
140 Md. 599.

An action for alienation of wife's affections is an injury to the person within exception
of the second clause of this section relative to suits against executors and administrators.
Meaning of "injuries to the person." The latter part of this section may be referred
to in construing the first portion. White v. Safe Dep. & Tr. Co., 140 Md. 593.

The words "personal action" construed. The act of 1798, ch. 101, held to include
action of trespass q. c. f. Kennerly v. Wilson, 1 Md. 107. As to trover, see Brummett v.
Golden, 9 Gill, 97.

The act of 1888, ch. 262, held to have no application where the plaintiff died before
its passage. Harvey v. B. & O. R. R. Co., 70 Md. 324.

The act of 1861, ch. 44, strictly construed. That act had no application to actions
for malicious prosecution. Clark v. Carroll, 59 Md. 182. And see White v. Safe Dep. &
Tr. Co., 140 Md. 603.

See notes to sec. 83.

For the statute regulating suits for negligence resulting in death, for the benefit of
the family of the deceased, see art. 67, sec. 1, et seq.

For forms of declarations and pleas in suits by and against executors and adminis-
trators, see art. 75, sec. 28, sub-sec. 90, et seq.

As to the plea by an administrator of "insufficient assets," and proceedings thereafter,
see art. 26, sec. 25, et seq.

As to suits before a justice of the peace where executors or administrators are parties,
see art. 52, secs. 10 and 11. See also art. 52, sec. 64.

As to abatement in the court of appeals, see art. 5, sec. 81, et seq.