ART. 50. ] SETTLEMENT OF DECEDENTS' ESTATES.

setting down such as he shall deem sperate, distinct and separate
from those which he shall deem desperate or doubtful.

457

138. It is not the intent of this article that an administrator
shall be answerable at all events for a debt which he shall return
sperate, but merely to enable the court and all parties concerned to
form a just estimate of the circumstances of the decedent.

Id a 222
1798, c 101,
sub-c 10 s 5
Liability is to
sperate debts
31 Md 341.

139. The bare naming an executor in a will, shall not operate
to extinguish any just claim which the deceased had against him;
but it shall be the duty of every such executor accepting the trust,
to give in such claim in the list of debts; and on his failure to give
in such claim, or any part thereof, any person interested in the ad-
ministration may allege the same by petition to the Orphans' Court

Id R 224
1798, c 101,

sub-c 8, s 20

Naming of
executor in will
not to extin-
guish claim
which deceased
has against him
1 Md 189

granting the administration, and the said court, with the consent of
the parties may decide on the same, or it may be referred by the
parties with the court's approbation, or at the instance of either
party the court may direct an issue or issues to be tried, and the
same shall be tried in the Circuit Court for the county, or the Su-
perior Court of Baltimore City, as other issues from the Orphans'
Court, and the Circuit Court or Superior Court shall have power to
direct the jury and grant a new trial, as if the issue or issues were
in a suit therein instituted, and a certificate from such court, or the
judge thereof, of the verdict, or finding of the jury, under the seal
thereof, shall be admitted by the Orphans' Court to establish or de-
stroy the claim, or any part thereof, and if the executor shall give
in such claim, or any part thereof be established as aforesaid, he
shall account for the sum due, in the same manner as if it were so
much money in his hands, and on failure his bond may be put in
suit.

Proceedings on
failure to give
in such claim.

140. In like manner it shall be the duty of every administrator
to give in a claim against himself, and on giving it, or failure to give
it in, there shall be the same proceedings in every respect as are
herein prescribed in regard to an executor.
141. The purchase-money of land sold by a decedent and con-
veyed by his administrator after his death, received by the adminis-
trator, shall be returned as a separate debt due the estate of the de-
cedent.

Id s 225
1798 c 101,
sub-c 8, s 21
Administrator
to return claim
due by him.

Id s 226.
Purchase-
money or land
sold by dece-
dent, and con-
veyed by
administrator,
how returned

ASSETS.

142. Whenever the decedent shall leave a widow, or child, or
grandchild, 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 en-

Art 93, B 217.
1810, c 17
Wearing ap-
parel, when
exempt from
appraisement

titled) as he may think equitable and proper; but wearing apparel
shall not include watches or jewelry of any description.

Watches and
jewelry not
included

143. The provisions which at the death of any decedent shall
have been laid up for the consumption of his family, on his home or

Id s 218.
1841, c 178, s 2,
1845, c 357, s. 3