ART. 93.] INVENTORY AND LIST OP DEBTS. 1387

P. G. L,, (1860,) art 93, sec. 224. 1798, ch. 101, sub-ch. 8, sec. 20.

224. 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 administration may allege the same by petition to the
orphans' court 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 superior court of Baltimore city, the court
of common pleas or the Baltimore city court, as other issues from
the orphans' court; and the circuit court or superior court, court
of common pleas or Baltimore city 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 destroy the claim, or any part thereof; and if the
executor shall give in such claim, or any part thereof be estab-
lished 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.

Beale v. Hilliary, 1 Md 189 Kirby v. State use Fascault, 51 Md 383. Lani-
brecht v. State use Gill, 57 Md. 240. Handy v. Collins, 60 Md 228.

Ibid. sec. 225. 1798, ch. 101, sub-ch. 8, sec. 21. 1884, ch. 881.

225. In like manner it shall be the duty of every adminis-
trator to give in a claim against himself, and on giving it in, or
failure to give it in, there shall be the same proceedings in every
respect as are before prescribed in regard to an executor; but
nothing herein, or in the preceding section, in reference to exec-
utors, shall be construed to make the bond of such executor or
administrator liable for a claim so given in or established, if such
executor or administrator shall have been insolvent or unable to
pay his debts at the time of his qualification as such executor or
administrator; provided, however, that all commissions allowed