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Session Laws, 1931
Volume 580, Page 1111   View pdf image (33K)
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ALBERT C. RITCHIE, GOVERNOR.                1111

ized agent or attorney; provided, that nothing contained in this
section shall validate the title of any person 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 pro-
ceeds of the estate of such supposed decedent, the persons en-
titled thereto, shall respectively give bond with adequate secur-
ity, 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 re-
fund 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 direction 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, (f) After
revocation of letters the person erroneously supposed to be dead
may, on suggestion filed of record of the proper fact, be sub-
stituted as plaintiff in all actions brought by the executor or ad-
ministrator, at any stage of proceedings, before or after judg-
ment. He may, in actions previously brought against such rep-
resentative, be substituted as defendant, upon like suggestion
by himself or the plaintiff, and shall be then entitled to a reason-
able time in which to prepare for trial. Judgments recovered
against the executor or administrator may be opened on appli-
cation of the supposed decedent made within three months from
the date of revocation, supported by affidavit, specifically deny-
ing the alleged indebtedness or cause o£ action; otherwise such
judgments shall have the conclusive effect of ordinary judg-
ments. After substitution of the supposed decedent as defendant
in any case of judgments 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 appli-
cation is denied, they shall be paid by the applicant.

SEC. 2, And be it further enacted, That this Act shall take
effect on and after June 1, 1931.

Approved April 17, 1931.

CHAPTER 438.

AN ACT to repeal and re-enact with amendments Section 170
of Article 93 of the Annotated Code of Maryland (1924 Edi-
tion), title "Testamentary Law, " sub-title "Guardian and
Ward, " to require guardians to exhibit to the Court the se-

 

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Session Laws, 1931
Volume 580, Page 1111   View pdf image (33K)
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