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The Annotated Code of the Public General Laws of Maryland, 1939
Volume 379, Page 3414   View pdf image (33K)
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3414 ARTICLE 93

the trustee appointed by the Court and upon the expiration of the ninety
days provided for by the notice to creditors aforesaid, the purchaser of
such real estate shall be required to accept title thereto, and no claim
not filed within the period specified by such notice shall thereafter be as-
serted against such real estate in the hands of the purchaser at such sale,
or his heirs or assigns. This section shall not apply to any real estate where
any owner of the same shall have been dead for twelve (12) years or more.

This section referred to in construing art. 16, sec. 242. Tait v. Safe Deposit & Trust
Co., 70 Fed. (2nd), 79.

Cited but not construed in Safe Deposit & Trust Co. v. Tait, 54 Fed. (2nd), 390.

An. Code, 1924, sec. 115. 1912, sec. 110. 1904, sec. 109. 1888, sec. 110. 1846, ch. 147, sec. 1.

1914, ch. 624.

118. The administrator may report to the court, with an affidavit of
the truth thereof annexed, the fact of having given such notice, and the
court on being satisfied that the order has been complied with and the said
notice has been given, shall endorse on said report their certificate that it
hath been proven to their satisfaction that said notice hath been given as
therein reported, and shall order said report and certificate to be recorded
among the records of the court.

This section referred to in upholding a title to property devised and sold by devisee
after expiration of notice to creditors, although subsequently creditors preferred claims
against testator's estate. Van Bibber v. Reese, 71 Md. 610. Cf. Seaman v. Seaman,
141 Md. 6 (see notes to sec. 116).

An. Code, 1924, sec. 116. 1912, sec. 111. 1904, sec. 110. 1888, sec. 111. 1846, ch. 147, sec. 2.

119. The said report and certificate shall be prima facie evidence, in
all cases whatever, of the giving of such notice as therein stated.
Cited but not construed in Biddison v. Mosely, 57 Md. 94.
See notes to sec. 118...

An. Code, 1924, sec. 117. 1912, sec. 112. 1904, sec. 111. 1888, sec. 112. 1846, ch. 147, sec. 3.

120. A copy of said report, certificate and order, under the seal of
the register of wills of the county in whose office such report, certificate
and order are recorded, shall be legal and competent evidence.
See notes to sec. 118.

An. Code, 1924, sec. 118. 1912, sec. 113. 1904, sec. 112. 1888, sec. 113. 1854, ch. 86, sec. 1.

1862, ch. 142.

121. The register of wills shall enter in a suitable book, to be pro-
vided by him for that purpose, all claims against a decedent, in regular
order, as they are passed by the orphans' court or register of wills, giving
the date of the passage, the name of the creditor, the character of such
claim, whether open account, note, bond, bill obligatory, judgment or
other evidence of debt, and the amount thereof; if an open account, the
interest due thereon up to the date of the passage shall be stated separately;
if a note, bond, bill obligatory, judgment or other evidence of debt, the
date thereof, and the date from which interest begins to run shall also be
stated, and other particulars of such claims; and the entry of a claim upon
such book shall be taken as notice to the administrator of its existence;
and the register of wills shall be entitled to receive, for making such entry
of each claim, the sum of ten cents, to be paid by the claimant.

The registry of a claim under this section carries notice to administrator, but does
not conclusively establish claim. The registry is prima facie evidence of amount of
debts. Object of this section. Seighman v. Marshall, 17 Md. 569; McCann v. Sloan,
25 Md. 585.


 

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The Annotated Code of the Public General Laws of Maryland, 1939
Volume 379, Page 3414   View pdf image (33K)
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