10                                Laws of Maryland                         [Ch. 7

title "Testamentary Law", sub-title "Account", relating to the
amount payable for funeral expenses by executors and adminis-
trators of the estates of decedents, correcting certain errors
therein and relating generally to testamentary law in this State.

Whereas, The General Assembly, by Chapter 18 of 1949, increased
the amount for funeral expenses stated in Section 6 of Article 93
from $300. to $500., but no change was made in the figure of $300.
which also appeared in Section 7; and

Whereas, In the interest of uniformity, it is desirable now to
increase the sum of $300. in Section 7 to $500.; now, therefore

Section 1. Be it enacted by the General Assembly of Maryland,
That Section 7 of Article 93 of the Annotated Code of Maryland
(1957 Edition), title "Testamentary Law", sub-title "Account", be
and it is hereby repealed and re-enacted, with amendments, to read
as follows:

7.

Every executor or administrator within ninety days after the
grant of letters, shall pay, out of the first moneys received by him,
after the first cost of letters of administration, and after all taxes
due from his decedent shall have been paid or determined, the
funeral expenses of his decedent, to be allowed in the discretion of
the orphans' court according to the condition and circumstances of
the deceased, in no event to exceed [$300.00] $500.00, except by
special order of court, and provided the estate of the decedent be
solvent, and the same shall be preferred to all debts and claims
against the deceased, except for taxes due and in [arrear] arrears
from the decedent. If the said funeral expenses be not paid within
ninety days after the grant of letters testamentary or of adminis-
tration, the person or corporation having a claim for such funeral
expenses may present to the orphans' court a petition verified by
oath praying that the executor or administrator may be cited to
show cause why he should not be required to make such payment,
and a citation shall be issued accordingly. If upon the return of
such citation it shall appear that the executor or administrator has
received moneys belonging to the estate which are applicable to the
payment of the claims for funeral expenses, the orphans' court
shall, unless the validity of the claim be admitted by such executor
or administrator, take proof as to the amount and validity of the
claim, and if satisfied that such claim is valid, shall fix and deter-
mine the amount due thereon, and shall make an order directing the
payment within ten days after the date of such order and service
of a copy thereof upon such executor or administrator of such claim
or such proportion thereof as the money in the hands of the executor
or administrator applicable thereto may be sufficient to satisfy. If
it shall appear that no money has come into the hands of the executor
or administrator, the proceedings shall be dismissed without costs
in the discretion of the court and without prejudice to a further
application or applications showing that since such dismissal the
executor or administrator has received money belonging to the
estate. Such application shall be made upon a petition verified by
oath stating the facts upon which the belief of the petitioner, that
there are moneys in the hands of such executor or administrator