TESTAMENTARY LAW 3447
immediately enter on its proceedings and record that the letters be re-
voked, and may proceed to grant other letters in the same manner as if
such executor had not been named in the will, or as if such administrator
was not in existence; and the power of such executor or administrator
shall thereupon cease, and he shall be bound to deliver up, on demand,
to the person obtaining such letters, all the property of the decedent in
his hands, or be liable to be sued by such person on his administration
bond, and the Court may pass an order for the purpose.
Effect of failure of administrator to file inventory; allowance of commissions after
estate fully administered. Discretion of Orphans' Court. Brown v. Tydings, 149 Md. 25.
This section referred to in determining the authority of an administrator d. b. n.—
see notes to sec. 74. United States v. Walker, 109 U. S. 258.
See notes to sec. 223.
An. Code, 1924, sec. 226. 1912, sec. 219. 1904, sec. 218. 1890, ch. 51, sec. 215A.
226. Whenever after issues granted any party thereto dies, the court
to which they are sent may admit as a party to such issues the proper repre-
sentative, whether as to realty or personalty, namely, devisee, heir, execu-
tor or administrator of the party so dying in the place of such party, and
the orphans' courts shall have the same right at any time after filing a
petition before the issues are sent.
Jurisdiction of Orphans' Court having once attached, is not lost by death of adminis-
trator; his executrix should be made party. Fulford v. Fulford, 153 Md. 89.
An. Code, 1924, sec. 227. 1912, sec. 220. 1904, sec. 219. 1888, sec. 216. 1798, ch. 101,
sub-ch. 6, sec. 14.
227. If there be more than one administrator named in the letters, any
one or more of them, on the neglect of the rest, may return an inventory,
and the administrator so neglecting shall not thereafter interfere with the
administration, or have any power over the personal estate of the decedent;
but the administrator so returning shall thereafter have the whole adminis-
tration, unless within two months after the return of the delinquent or
delinquents shall assign to the court some reasonable excuse, which it shall
deem satisfactory.
An. Code, 1924, sec. 228. 1912, sec. 221. 1904, sec. 220. 1888, sec. 217. 1830, ch. 17.
228. Whenever the decedent shall leave a widow, or child, or grand-
child, his wearing apparel shall be exempt from appraisement, and shall
belong to the child or children of the decedent; and if no child or children,
to the grandchildren; and if there be neither child nor grandchild, to the
widow of the decedent; and his administrator shall divide the same among
them (if there be more than one entitled) as he may think equitable and
proper; but wearing apparel shall not include watches or jewelry of any
description.
This section contemplates jewelry being included in appraisement (but see sec. 231).
Salabes v. Castelberg, 98 Md. 651; Snively v. Beavans, i Md. 221.
See notes to secs. 5, 230 and 231.
An. Code, 1924, sec. 229. 1912, sec. 222. 1904, sec. 221. 1888, sec. 218. 1841, ch. 178, sec. 2.
1845, ch. 357, sec. 3.
229. The provisions which at the death of any decedent shall have
been laid up for the consumption of his family, on his home or mansion-
house farm, shall not be sold or included in the inventory of his estate, but
shall remain for the use of the family of such decedent.
This section referred to—see notes to art. 46, sec. 3. Wilson v. Jarrell, 137 Md. 566.
See notes to secs. 5 and 230.
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