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Session Laws, 1931
Volume 580, Page 1110   View pdf image (33K)
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1110                  LAWS OF MARYLAND.                  [CH. 437

the conduct and accounting of executors and administrators,
pass such orders as in their discretion may be required in the
course of the administration of estates for the transfer of per-
sonal property, both tangible and intangible, the title to which
is not in dispute, superintend the distribution of estates of in-
testates, secure the rights of orphans and legatees and adminis-
ter justice in all matters relating to the affairs of deceased per-
sons, also of persons supposed to be dead, under the following
conditions: (a) Whenever letters testamentary or of adminis-
tration 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 hav-
ing been for such time unheard of, the court, if satisfied that
the person applying therefor, or presenting a will or codicil
of the supposed 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
successive weeks, the fact of such application, together with
notice that on a certain day, at least two weeks after the last
advertisement, the court will hear evidence concerning the al-
leged absence of the supposed decedent and the circumstances
and duration thereof, (b) At the hearing the court shall take
evidence for the purpose of ascertaining whether the presump-
tion 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 supposed
decedent had his residence. The notice shall require the sup-
posed decedent, if alive, or any other person for him, to produce
to the court within twelve weeks from the date of its last in-
sertion, 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 administra-
tion, 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 satisfac-
tory 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 and other acts pre-
viously done by him shall remain as valid as if the letters were
unrevoked; and the executor or administrator 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 author-

 

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Session Laws, 1931
Volume 580, Page 1110   View pdf image (33K)
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