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The Maryland Code, Public General Laws, 1888
Volume 389, Page 1351   View pdf image
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ART. 93.] DEBTS. 1351

4 G. & J. 471. Clarke v. State, 6 G. & J. 268. Duvall v. Snowden, 7 G. & J.
430. State t. Nicholls, 10 G. & J. 27. State v. Jones, 8 Md. 88. Brown v.
Murdock, 16 Md. 531. Seigman v. Marshall's Admr., 17 Md. 570.

P. G. L., (1860,) art. 93, sec. 107. 1798, ch. 101, sub-ch. 8, sec. 11.

106. If any action shall be commenced against an admin-
istrator 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, he 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, or a just proportion thereof, regard being had to other
claims.

Ibid. sec. 108. 1798, ch. 101, sub-ch. 8, sec. 18.

107. 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 dis-
tributed in case the claim be not established; and if on any
claim exhibited and disputed as aforesaid, the creditor or claim-
ant shall not, within nine months after such dispute or rejection,
commence a suit for recovery, the creditor shall be forever
barred; and the administrator may plead this section in bar,
together with the general issue or other plea proper to bring the
merits of the cause to trial; and on any dividend to be made
nine months after such dispute or rejection and failure to bring
euit, the administrator may proceed to pay or distribute as if he
had not knowledge or notice of such claim, or as if it did not
exist; but if the claim be put in suit within nine months, it may
be ascertained by verdict or otherwise, and the court shall pro-
ceed as herein directed, regard being had to the rules herein laid
down as to the notice to be given by the administrator, and dis-
tribution or payment to be made after such notice.

Peterson's Exrs v.Ellicott, 9 Md. 53. Monteith's Exr. v. Balto. Asso., Ac.,
21 Md. 426. Zollickoffer v. Beth, 44 Md. 359; Orendorff v. Utz, 48 Md. 298.
Coburn v. Harris, 53 Md. 367. Ibid , 58 Md. 87.

 

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The Maryland Code, Public General Laws, 1888
Volume 389, Page 1351   View pdf image
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