1352 TESTAMENTARY LAW. [ART. 93.
P. G. L., (1860,) art 93, sec 109. 1798, ch 101, sub-ch. 8, sec 15. 1823,
ch. 131, sec. 2.
108. In case all the assets have been paid away, delivered or
distributed as herein directed, and a claim shall afterwards be
exhibited of which the administrator hath not notice by the
exhibition of the claim legally authenticated as herein required,
he shall not be answerable for the same; and if he be sued for
any claim, and shall make it appear to the court in which suit is
brought that he hath so paid away, delivered or distributed, and
the plaintiff cannot prove that the defendant had notice as afore-
said before such payment, dellvery or distribution, the court shall
not proceed to give judgment, (although the amount of the claim
against the deceased may be ascertained,) until the plaintiff shall
be able to show further assets coming into the defendant's hands;
but if the plaintiff shall prove notice as aforesaid of the said
claim against the defendant, judgment may immediately be given
for such sum as the plaintiff ought to have received at the divi-
dend, and fieri facias may issue and have effect, and further
judgment may be given on coming in of further assets.
Zollickoffer v. Beth, 44 Md. 359. Coburn v. Harris, 53 Md. 367. Bonaparte
v. State. 63 Md. 109.
Ibid. sec. 110. 1798, ch. 101, sub-ch. 8, sec. 13. 1802, ch. 101. 1823, ch. 181.
sec. 2. 1882, ch. 125.
109. No administrator who shall, after the full expiration of
the notice herein provided for, have paid away the assets to the
discharge of just and legally proven claims shall be answerable
for any claim of which he had no notice; provided, that at least
six months before he shall make distribution amongst creditors
or persons entitled, he shall have caused to be inserted in as
many newspapers as the orphans' court shall direct, an advertise-
ment as follows, or fully to the following effect, viz: " This is to
give notice that the subscriber, ————, hath obtained from the
orphans' court of ———— county, in Maryland, letters testamen-
tary (or of administration) on the personal estate of ————, late
of ————, deceased. All persons having claims against the
deceased are warned to exhibit the same, with the vouchers
thereof, legally authenticated, to the subscriber, on or before the
———— day of ———— next; they may otherwise by law be
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