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Session Laws, 1957
Volume 640, Page 571   View pdf image (33K)
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Theodore R. McKeldin, Governor                    571

The Commissioner or the person aggrieved may appeal [within
thirty (30) days] from the judgment of the court to the Court of
Appeals.

Sec. 36. And be it further enacted by the General Assembly of
Maryland,
That Section 267 of Article 93 of the Annotated Code of
Maryland (1951 Edition), title "Testamentary Law", sub-title
"Orphans' Court" be and it is hereby repealed and re-enacted, with
amendments, to read as fallows:

267. If, upon the answer to any petition or bill filed under the
provision of Sections 265 and 266, either party shall require it, the
court shall cause an issue or issues to be made up and sent to the
circuit court for the county, or the Superior Court of Baltimore City,
the Court of Common Pleas, or the Baltimore City Court, as the case
may be, to be there tried and disposed of as other issues from the
orphans' court [; and either party to such bill or petition may appeal
to the circuit court for the county, or the superior court of Baltimore
City].

Sec. 37. And be it further enacted by the General Assembly of
Maryland,
That new Sections 111A through 111D, inclusive, be and
they are hereby added to Article 93 of the Annotated Code of Mary-
land (1951 Edition), title "Testamentary Law", sub-title "Debts",
said four new sections to follow immediately after Section 111
thereof, and to read as follows:

111A. If an administrator conceives that he has not assets suffi-
cient to discharge the claim, or any part thereof for which a suit
shall be brought against him, he may plead the fact and a trial by a
jury shall be thereupon had.

111B. If, on any trial so had against an administrator, the debt
or demand of the plaintiff shall be contested, and there be any other
issue joined than upon the subject of assets, the jury, if they find for
the plaintiff upon the issue so joined, and the amount of assets found
by them to be less than the debt or demand of the plaintiff, shall
declare the amount of the debt or demand, and also the sum to be
paid by the defendant to the plaintiff, regard being had to the amount
of the assets in hand, and the debts due from the deceased; and the
court shall thereupon enter judgment against the defendant for the
penalty of the bond or damages laid in the plaintiff's declaration, and
costs of suit, if the court shall so direct, to be released upon payment
of the sum ascertained to be paid by the verdict of the jury, and
interest thereon from the time of rendering the said judgment.

111C. The sum so ascertained shall be levied on the goods and
chattels of the deceased, or of the proper goods and chattels of the
defendant, and the residue of the debt or damages so ascertained
shall be levied of the goods and chattels of the deceased, which may
thereafter come to the hands of the defendant, to be administered
with interest as aforesaid, or of the proper goods and chattels of the
defendant.

111D. If such goods and chattels shall thereafter come to the
hands of the defendant as administrator, or into the hands of any
other person who may have authority to administer the goods of the


 

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Session Laws, 1957
Volume 640, Page 571   View pdf image (33K)
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