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The Maryland Code Public General Laws, 1904
Volume 393, Page 1974   View pdf image (33K)
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1974 TESTAMENTARY LAW. [ART. 93

1888, art. 93, sec. 55. 1860, art. 93, sec. 55. 1798, ch. 101,

sub-ch. 4, sec. 4.

64. When any person so named as an executor in a will
shall be alleged to be an alien, or not a citizen of the United
States, his citizenship shall not be established otherwise than
by a certificate under the seal of the office or court where the
party became naturalized, or by competent testimony that the
said person is a natural born citizen of the State or of the
United States, or that the person is or was the wife of a citizen
of the United States and resides therein.

Ibid. sec. 56. 1860, art 93, sec 56. 1798, ch. 101, sub-ch. 4, sec. 5.

55. Any inquisition of a jury on a writ issued from a court
of equity finding the party an idiot, lunatic or non compos
mentis, and confirmed by the court, shall be conclusive evidence
of the unsound mind of the party; and if such inquisition shall
not have been had at the time when administration ought to be
granted, a writ de lunatico inquirendo may issue by the circuit
court or orphans' court, on the petition to either of said courts
of any person interested; and the finding of the jury that the
party is an idiot, lunatic or madman, or non compos mentis,
thereon returned and confirmed by the court, shall be conclusive
against the party, and a certificate from the clerk of the court,
under seal, stating the substance of the proceedings, shall be
evidence in the orphans' court, who may thereon proceed as if
the party had not been named in the will.

Kearney v. Turner, 28 Md. 408. Georgetown College v. Browne, 34 Md.
450.

Ibid. sec. 57. 1860, art. 93, sec 57. 1798, ch. 101, sub-ch 4, sec. 6.

56. When a person named in a will as executor shall be
alleged to be under the age of eighteen years, it shall be incum-
bent on the person making the allegation to establish the same
by such proof as is usually required in such cases.

Ibid sec. 58. 1860, art. 93, sec 58. 1798, ch. 101, sub-ch. 4, sec. 7.

57. No married woman shall be entitled to letters testamen-
tary, but the same, or letters of administration shall be granted
in the same manner as if she had not been named in the will,
unless her husband, with two sureties, give bond as aforesaid
for her faithful performance; and the bond of any executrix
who is unmarried and above eighteen, given as aforesaid, shall
be binding in the same manner as if she were of the full age
of twenty-one years.
Georgetown College v. Browne, 34 Md. 450.


 

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The Maryland Code Public General Laws, 1904
Volume 393, Page 1974   View pdf image (33K)
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