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Session Laws, 1908 Session
Volume 483, Page 262   View pdf image (33K)
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262 LAWS OF MARYLAND.

and other acts previously done by him shall remain as valid
as if the letters were unrevoked; and the executor or admin-
istrator shall settle an account of his administration to the
time of revocation and transfer all assets remaining in his
hands to the person as whose executor or administrator he
acted, or his duly authorized agent or attorney; provided, that
nothing contained in this section shall validate the title of any
persons to any money or property received as widow, next of
kin or distributee of the supposed decedent, but the same may
be recovered from such person in any case where recovery
might be had if this section had not been passed. (e) Before
any distribution of the proceeds of the estate of such supposed
decedent, the persons entitled thereto shall respectively give
bond with adequate security, to be approved by the court, in
such sum and form as it shall direct, conditioned that if the
supposed decedent shall in fact be at the time alive, they will
respectively on demand refund the amounts received by each
with interest thereon. If any such person is unable to furnish
the security, the money shall be safely invested under the direc-
tion of the court, the accruing interest to be paid to the person
entitled, the money to remain invested until the security is
given, or the court, on application, shall order it paid to the
person entitled. (/) After revocation of letters the person erro-
neously supposed to be dead may, on suggestion filed of record
of the proper fact, be substituted as plaintiff in all actions
brought by the executor or administrator, at any stage of pro-
ceedings, before or after judgment. He may, in actions pre-
viously brought against such representative, be substituted as
defendant, upon like suggestion by himself or the plaintiff, and
shall be then entitled to a reasonable time in which to prepare
for trial. Judgments recovered against the executor or admin-
istrator may be opened on application of the supposed decedent
made within three months from the date of revocation, sup-
ported by affidavit, specifically denying the alleged indebtedness
or cause of action; otherwise such judgments shall have the
conclusive effect of ordinary judgments. After substitution
of the supposed decedent as defendant in any case of judgment
as aforesaid, it shall become a lien upon his property in the
same manner as other judgments, (g) Costs incident to the
grant of letters hereunder shall be paid out of the estate of
the supposed decedent, and where the application is denied,
they shall be paid by the applicant.

SEC. 2. And be it enacted, That this Act shall take effect
from the date of its passage.

Approved March 30, 1908.

 

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Session Laws, 1908 Session
Volume 483, Page 262   View pdf image (33K)
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