1820.

LAWS OF MARYLAND.

CHAP. 173.

hereby vested in the said company for ever, to be held as tenants
in common, in proportion to their respective shares.

Passed Feb. 14, 1821.

Executors, &c to
take possession of
estate and fulfil
duties of guardi-
ans &c.

CHAP. CLXXIV.

An Act Supplementary to the Act for amending and reducing into system the
laws and Regulations concerning Last Wills and Testaments, the duties of
Executors, Administrator's and Guardians, and the rights of Orphans and
other Representatives of deceased persons.

1. Be it enacted by the General Assembly of Maryland, That
whenever any person shall die seised or possessed of any lands,
tenements or hereditaments, situate and lying within the state, and
any of the persons entitled to such lands, tenements or heredita-
ments, or any part thereof, shall be under age, and without a
guardian appointed by last will and testament, or by the orphans
court, it shall he the duty of the executor or executors, administrator
or administrators, as the case may be, of such deceased, as soon
as letters testamentary or of administration shall he committed to
him. her or them, and not before, to take possession of such estate,
and to discharge and fulfil all the duties of guardian to such minor un-
til a guardian shall be regularly appointed by the orphans court, or
until the said minor shall arrive at age, which ever shall first hap-
pen, and shall account with the said court in like manner as guar-
dians are by law required to account, and subject to the like
control and authority of the court in all respects whatever.

When guardians
are appointed ex-
ecutors, &c to
render on account
of the manner in
which they have
discharged their
duties, &c.

2. And be it enacted, That when a guardian or guardians
shall be appointed to such minor, or the. said minor shall arrive at
age, whichever shall first happen, it shall be the duty of the afore-
said executor or executors, administrator or administrators, as
the case may be, to render to the orphans court an account, on
oath, of the manner in which the duties imposed by this act have
been discharged, in the same manner and upon the same princi-
ples as guardians are now required by law to settle their accounts,
and subject to the like control and authority of the court in all re-
spects whatever, which said account shall be separate and distinct
from the administration of the personal estate of the said deceas-
ed; and the orphans court shall thereupon pass an order directing
such executor or executors, administrator or administrators, as
the case may he, to pay over to the guardian or guardians to be
appointed as aforesaid, or to the person entitled, as the case may
be any money remaining in his, her or their hands, belonging to
such minor, which shall have arisen from the profit of the real
estate belonging to the said minor, and also to deliver over to such
guardian or guardians, or person entitled, as the case may be, the
real estate of such minor; and upon the neglect or refusal of the
executor or executors, administrator or administrators, to obey
such order, or to return an account as herein before directed, his,
her, or their testamentary or administration bond, as the case
may be; shall be liable to be sued by such guardian or guardians,
or person entitled as aforesaid, and the orphans court may more-
over proceed against such executor executors, administrator or
administrators, as the case may be, by attachment and sequestra-
tion.

When Ietters of
administration de-
bonis non are
granted, bonds,
notes, &c to be
delivered over, &c.

5. And be it enacted, That wherever letters of administration
de bonis non have heretofore or may hereafter be granted by the
orphans court of any county in this state, the said court is hereby