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Session Laws, 1957
Volume 640, Page 572   View pdf image (33K)
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572                                     Laws of Maryland                           [Ch. 399

deceased, the plaintiff may issue on the said judgment a writ of
scire facias, suggesting the coming of assets to the hands of the
administrator, liable to the payment of the residue of his debt or
demand, with interest as aforesaid, so due, upon which, if the de-
fendant contests the same, there shall be a trial by jury, as provided
in Section 111A.

Sec. 38. And be it further enacted by the General Assembly of
Maryland,
That a new Section 276A be and it is hereby added to Ar-
ticle 93 of the Annotated Code of Maryland (1951 Edition), title
'Testamentary Law", sub-title "Orphans' Court", said new Section
to follow immediately after Section 276 thereof and to read as fol-
lows :

276A. The statutes and rules of court for taking depositions shall
apply to all actions and proceedings in the orphans' courts in the
same manner and with like effect as said statutes and rules apply to
the law and equity courts of this State.

Sec. 39. And be it further enacted by the General Assembly of
Maryland,
That a new Section 296A be and it is hereby added to Ar-
ticle 93 of the Annotated Code of Maryland (1951 Edition), title
"Testamentary Law", sub-title "Register of Wills", said new section
to follow immediately after Section 296 thereof, and to read as fol-
lows:

296? A. The Register of Wills for Baltimore City, and the Register
of Wills for each County of the State, and their successors in office,
is hereby authorized and empowered to set up upon his books an ac-
count to be known as the "Registry of the Orphans' Court for.
.................

.......................City (or County)"; and the said Register of Wills for Bal-
timore City or for the counties, as the case may be, is further author-
ized and empowered to open an account in any bank or trust compa-
ny located in said Baltimore City or in the respective County, under

the name of the "Registry of the Orphans' Court for...................................

City (or County)", said account to be used for the depositing and
safekeeping of any and all funds remaining in the hands of any
executor, administrator, trustee, guardian, or other fiduciary under
the jurisdiction of the said Orphans' Court and not susceptible of
distribution by said executor, administrator, trustee, guardian, or
other fiduciary under the jurisdiction of the said Orphans' Courts,
provided that no deposits or withdrawals shall be made to or from
such fund except upon order duly passed by the Orphans' Court, and
provided further that said account shall only be for the purpose of
receiving funds, the retention of which said funds by the said
executor, administrator, trustee, guardian, or other fiduciary under
the jurisdiction of the said Orphans' Courts would prevent the com-
plete distribution of the estate being administred
ADMINISTERED
by the said executor, administrator, trustee, guardian, or other fiduciary
under the jurisdiction of the said Orphans' Courts. And the payment
of such fund or
funds to a Register of Wills, under the provisions of
this section, shall be and constitute a full and complete distribution of
said fund or funds in so far as the administration of said fund is
concerned. The Orphans' Courts in Baltimore City and in the several
counties shall not permit the depositing of any monies to said ac-
count until the said Courts shall be satisfied that diligent and rea-
sonable effort has been made to distribute, or that for proper cause


 

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Session Laws, 1957
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