464

SETTLEMENT OF DECEDENTS' ESTATES. [ART. 50.

Id s 116
1798, c 101,
sub-c 8, a 17,
1846, c 192, s 1.
Order of pay-
ment of debts
10 Md 156, 18
Md 504, 32 Md
209

173, In paying the debts of a decedent, an administrator shall
observe the following rules: All taxes due and in arrear from the
decedent, shall be preferred, to the exclusion of all other debts, and
claims for rent in arrear against deceased persons, for which a dis-
tress might be levied by law, shall next have preference. Judg-
ments and decrees shall next be wholly discharged. After such
claim for taxes and rent, and judgments and decrees, shall be satis-
fied, all other just claims shall be on an equal footing without
priority or preference. If there be not sufficient to discharge all
such judgments and decrees, a proportionate dividend shall be made
between the judgment and decree creditors.

Id. s. 117
1823, c 131, s 2,
1854, c 86, s 1
Administrator
not bound to
notice claim un-
less proven or
pushed, etc.
23 Md 395,
38 Md. 183.

174. No administrator shall be bound to take notice of any
claim against his decedent, unless the same shall be exhibited to
such administrator legally authenticated; or unless such claim shall
have been passed by the Orphans' Court, and entered by the register
upon his docket, or unless a suit shall be pending against such ad-
ministrator for such claim.

Id s 118
1798, c. 101,
sub-c 14, s 12
May appoint
meeting of cred-
itors tor distri-
bution.

175. Any administrator shall be entitled to appoint a meeting
of creditors on some day by the court approved, and passage of
claims, payment or distribution, may be there made under the court's
direction and control.

SUITS AGAINST ADMINISTRATORS, ETC.

Art 93, s 106
1720, c. 24, s 2.
1838, c 329
When adminis-
tration bond
may be sued by
creditor
8Md 88,
30 Md 8.

176. No creditor shall bring a suit upon an administration or
testamentary bond for any debt or damages due from, or recovered
against the decedent, before a non, est on a summons is returned
against the administrator or a fieri facias returned nulla bona by
the sheriff of the county where the administration was granted or
where the effects of such deceased lie, or such other apparent in-
solvency or insufficiency of the estate of such administrator as shall
in the judgment of the court render such creditor remediless by
any other reasonable means save that of suing such bond.

Id s 107
1798, c 101,
sub-c 8, s 11
Administrator
to retain to
meet suits.
9 Md 53.

177. And if any action shall be commenced against an adminis-
trator for the recovery of a larger debt or damages than he shall
think due, so that the same cannot be ascertained before verdict,
the administrator shall be allowed to retain such sum to meet the
said debt or damages as the Orphans' Court shall allow, and if more
than enough be allowed, the party shall afterwards account for it,
but nothing shall be retained on account of such further debt or
damages, where the court shall be satisfied that there will be money
sufficient coming in after such dividend to meet the said damages,

Id s 108
1798, c 101,
sub-c 8, s 18.
Creditor to
bring suit
within nine
months alter
rejection of
claim.
9 Md 53, 21 Md
427, 44 Md 359

or a just proportion thereof, regard being had to other claims.
178. If a claim be exhibited against an administrator, which he
shall think it his duty to dispute or reject, he may retain in his
hands assets proportioned to the amount of the claim, which assets
shall be liable to other claims, or to be delivered up or distributed
in case the claim be not established; and if on any claims exhibited