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Session Laws, 1908 Session
Volume 483, Page 261   View pdf image (33K)
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ACT. 93. ] TESTAMENTARY LAW. 261

"Testamentary Law, " be and the same is hereby amended by
adding thereto a new section, under the sub-title "Orphans'
Court, " to be numbered 234, to follow immediately after sec-
tion 233, and to read as follows:

234. The court shall have full power to take probate of wills,
grant letters testamentary and of administration, direct the
conduct and accounting of executors and administrators, super-
intend the distribution of estates of intestates, secure the
rights of orphans and legatees and administer justice in all
matters relating to the affairs of deceased persons, also of
persons supposed to be dead, under the following conditions:
(a) Whenever letters testamentary or of administration are
applied for on the estate of any person supposed to be dead on
account of uninterrupted absence for above seven years from
the place of last domicile within the State and having been
for such time unheard of, the court, if satisfied that the person
applying therefor, or presenting a will or codicil of the sup-
posed decedent for probate, would be entitled to such letters
or to such probate if the decedent were dead, shall cause to be
advertised in a newspaper published in the county, or the city
of Baltimore, as the case may be, once a week for four suc-
cessive weeks, the fact of such application together with notice
that on a day certain, at least two weeks after the last adver-
tisement, the court will hear evidence concerning the alleged
absence of the supposed decedent and the circumstances and
duration thereof, (b) At the hearing the court shall take evi-
dence for the purpose of ascertaining whether the presumption
of death is established, and, if satisfied thereof, shall pass an
order so adjudging and forthwith cause notice thereof to be
inserted for two successive weeks in a newspaper published in
the county or city of Baltimore, as the case may be, and also,
when practicable, in a newspaper published at or near the
place beyond the State where, when last heard from, the sup-
posed decedent had his residence. The notice shall require the
supposed decedent, if alive, or any other person for him, to
produce to the court within twelve weeks from the date of its
last insertion, satisfactory evidence of his continuance of life.
(c) If; within said period of twelve weeks, evidence satisfactory
to the court of such continuance in life be not forthcoming,
the court shall direct probate and letters testamentary or of
administration, as the case may require, to issue, and such
grant shall be as valid as if the supposed decedent were actually
dead, (d) The court may revoke such letters at any time on
due and satisfactory proof that the supposed decedent is in
fact alive, after which revocation all powers of the executor
or administrator shall cease, but all receipts or disbursements

 

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Session Laws, 1908 Session
Volume 483, Page 261   View pdf image (33K)
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