TESTAMENTARY LAW 3423
This section is not obligatory on the orphans' court; it may resort to sec. 145. Crapster
v. Griffith, 2 Bl. 12.
See notes to sec. 145.
An. Code, 1924, sec. 144. 1912, sec. 139. 1904, sec. 138. 1888, sec. 139. 1884, ch. 49.
147. Whenever an account is passed in the orphans' court, either by
an executor or administrator, whereby distribution of chattels real is made
to the legatees thereof, or to the parties thereto, entitled in the course of
distribution, the orphans' court shall, upon the passing of such account,
pass an order directing the executor or administrator to convey such chat-
tels real to the distributees or legatees thereof; and the executor or ad-
ministrator shall thereupon so convey the same to such distributees or
legatees by a proper deed, to be executed, acknowledged and recorded ac-
cording to law.
This section held inapplicable to an account settled before its passage. Woelfel v.
Evans, 74 Md. 350.
Cited but not construed in Mullen v. Moore, 156 Md. 422; Young v. Murray, 159 Md.
558; Murray v. Hurst, 163 Md. 489.
See notes to sec. 145.
An. Code, 1924, sec. 145. 1912, sec. 140. 1904, sec. 139. 1888, sec. 140. 1798, ch. 101,
sub-ch. 10, sec. 7.
148. When any person entitled, after payment of debts, shall be in
want of subsistence, or greatly straitened in his circumstances, and shall
apply to the orphans' court by petition, and shall satisfy the court that he
is in want of subsistence or greatly straitened in circumstances, and that
it probably will not require more than one-half of the assets to discharge
the debts, the court may direct the administrator to deliver to the peti-
tioner any part of what the court shall suppose will be his distributive
share, or any part of a legacy or bequest in money not exceeding one-third
part, the said petitioner giving bond, with security approved by the court,
to the administrator, for returning the same or an equivalent, with in-
terest, whenever so directed by the court, and the court shall have power
to determine in a summary way on any such petition, after summons
against such administrator duly returned summoned or returned non est.
This section relates only to distributive shares and to money legacies, and hence has
no application to personal property passing by will. Lowe v. Lowe, 6 Md. 353.
Cited but not construed in Donaldson v. Raborg, 28 Md. 56.
An. Code, 1924, sec. 146. 1912, sec. 141. 1904, sec. 140. 1888, sec. 141. 1798, ch. 101,
sub-ch. 10, sec. 8.
149. The court in like manner, on any petition by a person in such
circumstances, to whom a specific legacy or bequest has been made, being
satisfied that the assets, exclusive of all specific legacies, will not be nearly
exhausted by debts, may direct the executor or administrator with the
will annexed, to deliver to the petitioner the said specific legacy or bequest
on his giving bond as aforesaid.
This section refers to specific legacies, but the court will not act thereunder save
upon proper allegations and proof. Lowe v. Lowe, 6 Md. 353.
Cited but not construed in Donaldson v. Raborg, 28 Md. 56.
An. Code, 1924, sec. 147. 1912, sec. 142. 1904, sec. 141. 1888, sec. 142. 1847, ch. 71.
150. Where a bequest of personal property or money is made to a
female, and directed by the will to be paid on her attaining to full, mature
or lawful age, such female shall be entitled to receive and demand such
personal property or money on her arriving at the age of eighteen years,
or being married.
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