ART. 50. ] SETTLEMENT OF DECEDENTS' ESTATES.
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443
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the following oath, to be administered by the register of wills or
Orphans' Court: " I ————, do swear that I will well and truly ad-
minister the goods, chattels, personal estate, and credits of ————,
late of ————, deceased, to the best of my knowledge, according to
law; and will give a just account of my administration when thereto
I shall be lawfully called; and that I will diligently and faithfully
regard, and well and truly comply with the law imposing a tax on
the commissions allowed to executors and administrators, and a tax
on collateral inheritances, distributive shares, and legacies, so help
me God. " Which said oath shall be recorded by the register of
wills.
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1844, c 184, s 6;
1844, c 2J7, s b.
Oath
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59. The following shall be the form of letters testamentary:
Maryland, ss: The State of Maryland to all persons to whom these
presents shall come, greeting:
Know ye, that the last will and testament of ————, of ————,
deceased, hath been in clue form of law exhibited, proved, and re-
corded in the office of the register of wills for ———— county, a copy
of which is to these presents annexed, and administration of all the
goods, chattels, and credits of the said deceased is herebly granted
and committed unto ————, the executor by the said will appointed.
Witness, A. B, chief justice of the Orphans' Court of ———— county,
this —— day of ————.
Test: C. D., register of wills for ———— county.
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Id s 51
1798 c 101.
sub-s 3 s 13
Form of letters
testamentary.
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60. If any person named as executor in a will shall be at the
time when administration ought to be granted under the age of
eighteen years or of unsound mind, incapable according to law of
making a contract, or convict of any crime rendering him infamous
according to law, or if any person named as executor shall not be a
citizen of the United States, letters testamentary or of administra-
tion (as the case may require) may be granted in the same manner
as if such person had not been named in the will.
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Id. s 52
1798, c 101,
sub-c 4, S 1
Disqualifica-
tions of execu-
tor
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61. No question respecting infamy, citizenship, or competent
age, shall be determined by the Orphans' Court, without summoning
the person so named in the will and alleged to be infamous, alien,
or under age, provided he be within the State, or without giving such
notice by advertisement or otherwise, as the court shall direct (in case
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Id s 53
1798, c 101,
sub-c 4, s 2
Questions of
disqualification,
how deter-
mined
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he be out of the State), and hearing in case the party shall attend
agreeably to summons or notice.
62. A transcript of the record of conviction shall be evidence in
the Orphans' Court to prove the party infamous.
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Id s 54
1798, c 101,
sub-c 4, s 3
Transcript of
record of con-
viction, evi-
dence
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63. When any person so named as an executor in a will shall
be alleged to be an alien, or not a citizen of the United States, his
citizenship shall not be established otherwise than by a certificate
under the seal of the office or court where the party became natur-
alized, or by competent testimony that the said person is a natural
born citizen of the State, or of the United States, or that the per-
son is or was the wife of a citizen of the United States, and resides
therein.
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Id s 55
1738, c 101,
sub c 4, s 4;
1849, c 30
Evidence of
citizenship of
executor.
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