506

LAWS OF MARYLAND.

CHAPTER 473.

AN ACT to add an additional section to article sixteen, of the

Code of Public General Laws of Maryland, title "Chancery,"

sub-title "Non-residents," to follow section one hundred and

twelve, and to be known as "Section one hundred and twelve A."

SECTION 1. Be it enacted by the General Assembly of Maryland,

That the following section be and the same is hereby added to

To add

article sixteen, of the Code of Public General Laws of Maryland,

title "Chancery," sub-title "Non-residents," to follow section one

hundred and twelve, and to be known as "Section one hundred

and twelve A."

112 A. Where a non-resident of this State has died upon whose

personal estate no letters testamentary or of administration have

been issued by any orphans' court or register of wills of this

State, but upon which estate such letters have been issued by a

court of probate or other proper authority in some other State,

territory or foreign country, it shall be sufficient in any case in

chancery in this State now pending or hereafter to be instituted,

in which said decedent or his executor or administrators was or

would be a proper party defendant, to make such foreign executor

or administrator a party defendant thereto, and the making of

such foreign executor or administrator a party defendant to such

Foreign
executors

case shall give the court the same jurisdiction over the personal

defen-

estate of such decedent as if an executor or administrator of such

dants.

decedent to whom letters testamentary or of administration had

been granted by an orphans' court or register of wills of this

State had been made such party defendant, and said foreign

executor or administrator may in any such case, if a non-resident

of this State, be proceeded against as provided for in cases of

other non-residents, or if within this State, by service of sum-

mons upon him, or said foreign executor or administrator may ,,

voluntarily appear to the action, or otherwise become or be made

a party defendant as in cases of other parties defendant; pro-

vided, however, that if letters testamentary or of administration

of the estate of such decedent shall after the making of such for-

eign executor or administrator a party defendant, be granted upon

the estate of such decedent by any orphans' court or register of

wills of this State, the executor or administrator so appointed

may intervene in such chancery case, if the same be still pending,

and shall thereupon be substituted as a party defendant in place

of said foreign executor or administrator, and shall thereafter

represent the personal estate of said decedent.

SEC, 2. And be it enacted, That this act shall take effect from

Effective.

the date of its passage.

Approved April 3, 1890.