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The Annotated Code of the Public General Laws of Maryland, 1939
Volume 379, Page 3446   View pdf image (33K)
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3446 ARTICLE 93

An. Code, 1924, sec. 222. 1912, sec. 215. 1904, sec. 214. 1888, sec. 212. 1798, ch. 101,

sub-ch. 6, sec. 9.

222. Every collector, likewise, shall (unless superseded) return within
the time and under the form aforesaid, with an affidavit of the truth an-
nexed, an inventory of the money of the deceased which he hath collected
belonging to the deceased, or received in discharge of debts due to the de-
ceased.

An. Code, 1924, sec. 223. 1912, sec. 216. 1904, sec. 215. 1888, sec. 213. 1798, ch. 101,

sub-ch. 6, sec. 10.

223. Whenever personal property of any kind, or assets not mentioned
in any inventory already made, shall come to the possession or knowledge
of an administrator or collector, an account or inventory of the same shall
be returned, appraised by two respectable disinterested sworn appraisers
appointed by any justice of the peace or judge of the orphans' court, within
two calendar months from the time of the discovery.

As against administratrix, there is no need to resort to equity for discovery or account
in respect to assets of deceased. Street v. Stubblefield, 20 F. (2nd), (Ct. Apps., D. C.),
1019.

See notes to secs. 5 and 230.

Cited in Tsaracklis v. Characklis, 176 Md. 32; Frank et al. v. Warehime, Daily Record,
July 7, 1939.

Where a creditor claims that property belonging to a decedent is not included in
inventory, his remedy is to file a petition against administrator. Fowler v. Brady,
110 Md. 210.

An. Code, 1924, sec. 224. 1912, sec. 217. 1904, sec. 216. 1888, sec. 214. 1798, ch. 101,

sub-ch. 6, sec. 11.

224. In case an inventory be returned by a collector duly appointed,
the administrator thereafter administering shall, within three months
after the date of the letters, either return a new inventory in place of the
collector's inventory or an acknowledgment in writing that he has received
from the collector the articles contained in the first inventory, or consent
to be answerable for the same as if the said inventory had been made out
after his administering upon the estate; but nothing herein contained shall
be construed to render an administrator answerable for not making a
return of the inventory aforesaid, when it shall appear to the court that
he has been prevented from making such return by the improper detention
of the goods of the deceased by the collector.

See notes to secs. 3 and 225.

An. Code, 1924, sec. 225. 1912, sec. 218. 1904, sec. 217. 1888, sec. 215. 1798, ch. 101,
sub-ch. 6, sec. 13. 1933, ch. 373. 1935, ch. 291.

225. If an administrator or executor shall not render the first admin-
istration account as required by law, or shall not within three months
after the date of his letters, exhibit to the Orphans' Court an inventory
as aforesaid, a summons returnable within not less than eight nor more
than thirty days, may, ex officio, or on the application of a person inter-
ested, be issued against such administrator or executor, to show cause
wherefore such inventory has not been exhibited or such administration
account has not been rendered; and if the summons be duly returned
"summoned," or upon two citations returned "non est" by the sheriff: of
the county wherein the party resided at the time of obtaining his letters,
or of the county wherein the letters were obtained, in case the party does
not reside in the State, and if he does not appear at the return of the
summons, or appearing, shall not show cause satisfactory, the court may


 

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The Annotated Code of the Public General Laws of Maryland, 1939
Volume 379, Page 3446   View pdf image (33K)
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