3412 ARTICLE 93

and if he be sued for any claim, and shall make it appear to the court in
which suit is brought that he hath so paid away, delivered or distributed,
and the plaintiff cannot prove that the defendant had notice as aforesaid
before such payment, delivery or distribution, the court shall not proceed
to give judgment (although the amount of the claim against the deceased
may be ascertained), until the plaintiff shall be able to show further assets
coming into the defendant's hands; but if the plaintiff shall prove notice
as aforesaid of the said claim against the defendant, judgment may im-
mediately be given for such sum as the plaintiff ought to have received at
the dividend, and fieri facias may issue and have effect, and further judg-
ment may be given on coming in of further assets.

In a suit against sureties on bond of administratrix, plea that assets were distributed
after meeting of distributees was demurrable, since there might still be liability because
of notice to administratrix. Watkins v. State, 162 Md. 611.

An administrator who fails to give notice required by sec. 116 is not entitled to
protection of this section; nor will this section protect administrator if he has notice
of the claim. What amounts to notice? (But see sec. 124.) Steuart v. Carr, 6 Gill, 410.

An administrator who proceeds as law directs is protected from claims of judgment
creditors, and of all others of which he had no notice. Cape Sable Co.'s Case, 3 Bl. 670.

Although executor is relieved from liability under this section, creditor may still
pursue his remedy against property or legatee or devisee. This section distinguished
from sec. 112. Zollickoffer v. Seth, 44 Md. 370; Coburn v. Harris, 53 Md. 371.

This section has no application to taxes; executors must take notice of, and pay
them. Bonaparte v. State, 63 Md. 469.

This section will be applied by analogy in a creditors' suit. Welch v. Stewart, 2 Bl. 39.

Cited but not construed in Coward v. State, 7 G. & J. 479; Murray v. Hurst, 163 Md.
489; Carrollton Bank v. Hollander (Judge Smith, Circuit Court of Baltimore City),
Daily Record, Mar. 7, 1939.

An. Code, 1924, sec. 112. 1912, sec. 108A. 1916, ch. 14.

115. In no case shall the mere failure of administrators or executors
to plead plene administravit or insufficiency of assets of their decedents
render any judgments against them in their representative capacity per-
sonally binding upon them as individuals or upon their property or upon
the sureties on their bonds.

Although absolute judgments at law by a creditor of decedent against executor
generally amount to an admission of assets and could not, prior to this section, be
resisted on ground of a deficiency of assets, yet as between creditors and heirs, such
judgment was not conclusive in a proceeding to subject real estate to payment of
debts. McLaughlin v. McGee, 131 Md. 161.

Cited in Frank ef al. v. Warehime, Daily Record, July 7, 1939.

See notes to sec. 112.

An. Code, 1924, sec. 113. 1912, sec. 109. 1904, sec. 108. 1888, sec. 109. 1798, ch. 101,

sub-ch. 8, sec. 13. 1802, ch. 101. 1823, ch. 131, sec. 2. 1882, ch. 125.

1914, ch. 624. 1924, ch. 457.

116. No administrator who shall, after the full expiration of the notice
herein provided for, have paid away the assets to the discharge of just and
legally proven claims shall be answerable for any claim of which he had
no notice; provided, that at least six months before he shall make 'distri-
bution amongst creditors or persons entitled, he shall have caused to be
inserted in as many newspapers as the Orphans' Court or the Register of
Wills shall direct, an advertisement as follows, or fully to the following
effect, viz: "This is to give notice that the subscriber................

hath obtained from the Orphans' Court of................ County, in

Maryland, letters testamentary (or of administration) on the personal
estate of...................., late of.............. deceased. All per-
sons having claims against the deceased are warned to exhibit the same,
with the vouchers thereof, legally authenticated, to the subscriber, on or
before the ........ day of ........ next; they may otherwise by law