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The Maryland Code Public General Laws, 1904
Volume 393, Page 1924   View pdf image (33K)
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1924 SURETIES. [ART. 90

Counter Security.

1888, art. 90, sec. 1. 1860, art. 91, sec. 1. 1818, ch. 217, sec 1.
1829, ch. 216, sec. 1.

1. If any security or any counter security of an executor or
administrator, or any person interested in the estate of any
such security or counter security, shall conceive himself in
danger of suffering from the securityship, he may apply to the
orphans' court which granted the administration, and the said
court may require the party to give counter security, to be
approved by the court; and if the party when so required shall
not, within a reasonable time fixed by the court, give such
counter security, the court may revoke his letters and appoint a
new administrator; and if the administrator whose letters are
revoked shall not, within a reasonable time to be fixed by the
court, deliver over to such new administrator all the property
of the decedent remaining in his hands unadministered, and also
all the books, bonds, notes and evidences of debt, which belong
to or are due to the decedent, or which have been taken by him
as executor or administrator since the death of the decedent, in
his possession, and also pay over to such new administrator all
the money due by him as executor or administrator of the
decedent, the court may compel the delivery and payment Over
by attachment and sequestration of property, and may also
direct the administration bond of such executor or adminis-
trator to be put in suit.

Sifford v Morrison, 63 Md 14. March v. Fidelity & Deposit Co , 79 Md.
310 Wright v Williams, 93 Md. 68. Yakel v. Yakel, 96 Md. 245.

Ibid, sec 2. 1860, art. 91, sec. 2. 1807, ch 136, sec 3

2. The several orphans' courts may call upon any executor
or administrator to whom they may respectively have granted
administration to give new security approved by said courts;
and if such executor or administrator shall refuse or neglect
to give such new security within a fixed reasonable time, the
court may revoke his letters and appoint a new administrator;
if the executor or administrator whose letters have been revoked
shall refuse or neglect, in a reasonable time, after demand, to
deliver over to such new administrator the property of his dece-
dent in his hands unadministered, the court may compel the
same by attachment and sequestration, and may direct his
administration bond to be put in suit.

Martin v. Jones, 87 Md 46. Yakel v. Yakel, 96 Md. 245.


 

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The Maryland Code Public General Laws, 1904
Volume 393, Page 1924   View pdf image (33K)
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