ART. 93] INVENTORY AND LIST OF DEBTS. 2027

1888, art. 93, sec. 222. 1860, art. 93, sec. 222. 1798, ch. 101, sub-ch. 10, sec. 5.

225. It is not the intent of this article that an administra-
tor shall be answerable at all events for a debt which he shall
return sperate, but merely to enable the court and all parties
concerned to form a just estimate of the circumstances of the
decedent.

Kealhofer v. Emmart, 79 Md. 248.

Ibid sec. 223 1860, art. 93, sec 223. 1798, ch. 101, sub-ch. 10, sec. 4.

226. The court shall examine every list of debts returned
by an administrator, and for every debt which the court shall
not mark as desperate or improper to be put in suit, the admin-
istrator shall commence a suit, unless the debt be paid within
six months thereafter, or unless the debtor be out of the State,
or unless the court shall think reasonable an excuse made within
one month after the lapse of the said six months for not bring-
ing suit; and on failure to bring suit as aforesaid, the party
shall be liable to a suit on his administration bond, and to such
damages as shall be found by the jury.

Ibid sec. 224. 1860, art. 93, sec. 224. 1798, ch. 101, sub-ch. 8, sec. 20.

227. 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 adminis-
tration, 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 t6 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 estab-
lish 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