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Revised Code of the Public General Laws, 1879
Volume 388, Page 462   View pdf image (33K)
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462

SETTLEMENT OF DECEDENTS' ESTATES. [ART. 50.

and the register of wills shall be entitled to receive, for making
such entry of each claim, the sura of ten cents, to be paid by the
claimant.

Art 93, s 115
1854, c 86, s 2
Of what entry
evidence

160. The claims thus entered, shall not afford any evidence as
to the justness or correctness of any debt therein entered, whenever
the same shall be controverted by any administrator in any suit in-
stituted for the recovery of such debt; nor shall the same be con-
strued to take any debt out of the operation of a plea of limitations.

LIMITATIONS.

Art 93, s 99
1798, c 101,
sub-c 9, s 9
Not bound to
plead limita-
tions
24 Md 214, 25
Aid 575, 26 Md
313, 35 Md 148

167. It shall not be considered as the duty of an administrator
to avail himself of the act of limitations to bar what he supposes to
be a. just claim, but the same shall be left to his honesty and discre-
tion.

DISPUTED CLAIMS.

Art 93, s 100.
1798, c 101,
sub-c 9, a 13.
May dispute
claims, although
proven
30 Md 553.

1G8. No administrator shall be obliged to discharge any claim
of which vouchers and proofs shall be exhibited as aforesaid, but
may reject, and at law dispute, the same, in case he shall have reason
to believe that the deceased never owed the debt, or had discharged
the same or a part thereof, or had a claim in bar.

Id s 101
1802, c 101. s 9
Though passed,
to be proven it
disputed at law
30 Md 553

169. In no case shall the order made by the Orphans' Court or
register of wills that an account or claim will pass when paid be
deemed of validity to establish such claim or account, but in case
the administrator thinks fit to contest the same, such account or
claim shall derive no validity from the order aforesaid, but shall be
proved in the same manner as if no such order had been made.

PAYMENT OF DEBTS.

Id s 102
1798, c 101,
sub-c 8, s 14
When adminis-
trator to make
distribution of
money in hand
8 Md 387. 517,
10 Md 362, 15
Md 127, 21 Md
209

170. An administrator shall within thirteen months from the
date of his letters, or within such further time, not exceeding four
months longer, as shall be allowed by the Orphans' Court, on his
making oath that he hath reason to apprehend that the personal
estate and assets which are or shall be in his hands will be insuffi-
cient to discharge the just debts of and claims against the deceased,
discharge all just claims known to him or pay each claimant his just
proportion of the money then in his hands (retaining as herein di-
rected); it shall likewise be his duty once in every term of six
months after the first distribution, to make a distribution of the
money which hath since come to his hands, until he shall have fully
administered, and on failure, his administration bond may be put in
suit

Id s 103.
1798, c 101,
sub-c 8, s 16
Administrator
may give notice
of dividend

Creditor failing
to attend, inter-
est shall cease.

If 1. In all cases where an administrator is to make payment or
distribution amongst the creditors of his decedent he may give
notice three successive weeks previously in some convenient news-
paper, of the time and place for making it, and in case the creditor
shall not attend in person or by agent or attorney to receive the
amount or proportionable part of his claim, all interest on such



 
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Revised Code of the Public General Laws, 1879
Volume 388, Page 462   View pdf image (33K)
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