TESTAMENTARY LAW 3413

be excluded from all benefit of said estate. Given under my hand this
........ day of ........" And it is also further provided that in all

cases in which there are two or more administrations, of whatever kind,
upon the estate of a decedent and in which the said notice to creditors in
the manner and form aforesaid shall have been given by any administra-
tor or executor of said decedent, no further notice to creditors shall be
required; and after the expiration of such notice so given, the provisions
of this section shall inure to the benefit of any and all subsequent admin-
istrators and executors.

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 o'f reasonable
and prudent administration. Goldsborough v. DeWitt, 171 Md. 253.

Where a notice to creditors is given and all claims filed have been settled, no other
claims can be presented against real estate in the hands of purchaser in good faith
for value without notice. Sec. 117 does not alter law as laid down in Van Bibber v.
Reese, 71 Md. 608. Purpose of sec. 117; it did not repeal or amend sec. 14. Question
whether form of notice provided in sec. 116 sufficiently complies with sec. 114, not
passed upon. Seaman v. Seaman, 141 Md. 2.

An administrator who has given the notice prescribed by this section may safely
pay debts. Whethered v. Safe Deposit Co., 79 Md. 160; Coward v. State, 7 G. & J.
479; Hammond v. Hammond, 2 Bl. 366.

An administrator who fails to give the notice prescribed by this section is not entitled
to the benefit of sec. 114. Steuart v. Carr, 6 Gill, 440.

If distribution of estate is made prior to expiration of six months, it is at the risk
of administrator and his surety. Jones v. Harbaugh, 93 Md. 278.

To render a plea of plene administravit available it must appear that notice to
creditors was given; proof thereof. Validity of notice. Rawlings v. Adams, 7 Md. 44.

Where letters pendente lite are revoked by letters testamentary or of administration,
a new notice to creditors should be given. Ex parte Worthington, 54 Md. 361.

The notice provided for by this section is in order to enable the administrator to
ascertain the extent of the estate's indebtedness. Van Bibber v. Reese, 71 Md. 613.
(See notes to sec. 118.)

The six months referred to in this section are calendar months and not lunar months.
Glenn v. Smith, 17 Md. 282.

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

Cited but not construed in Zollickoffer v. Seth, 44 Md. 370; Murray v. Hurst, 163
Md. 489.

An. Code, 1924, sec. 114. 1912, sec. 109A. 1912, ch. 146. 1924, ch. 591. 1939, ch. 288.

117. Whenever any person, resident or non-resident of the State of
Maryland, shall have been dead less than twelve (12) years, testate or
intestate, leaving one or more parcels of real estate in this State, but not
leaving personal estate therein as far as may be known, it shall be lawful
for the Orphans' Court of the county or city in which such real estate, or
any part or parcel thereof, may be situate, to grant letters testamentary
or of administration on the estate of such decedent, and the Court may
direct notice to be given by publication to all resident or non-resident
creditors of such decedent to file in said Court their claims against said
decedent, which notice shall be substantially as provided in Section 116
of this Article, and the provisions of Sections 118 to 122, inclusive, of
this Article shall apply. No purchaser of such real estate shall be re-
quired to accept title thereto unless such notice has been given as is author-
ized by this Section and until the period for the filing of such claims has
expired; and no claim not filed within the period specified by such notice
to creditors shall thereafter be asserted against such real estate in the
hands of a purchaser for value. The bond required upon the grant of
letters shall be in such penalty as the Court may prescribe. In case any
such real estate is sold by a Court of Chancery on a bill of sale for the
purpose of partition, the said Court may, in its decree for sale, provide
for a notice to creditors not exceeding ninety days, which notice shall be
in lieu of the notice above required, and upon the giving of this notice by