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Session Laws, 1798
Volume 653, Page 70   View pdf image
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1793.

L A W S OF M A R Y L A N D.

C H A P.

CI.

time, reduce the faid chofes in action into poffeffion, or obtain judgment thereon, the faid chofes
in action fhall devolve on her reprefentative, and adminiftration may be granted accordingly.
9. And hereafter a hufband, bringing a perfonal action to recover in right of his wife, either
before or after her death, may declare fpecially, fetting forth, in the ufual manner, how the
debt or right accrued to his wife, and ftating further, that by marriage the debt or right hath on
him devolved,
10. If the inteftate leave a widow, and a child or children, adminiftration, at difcretion of the
court, fhall be granted either to the widow or child, or one of the children.
11. If there be a widow, and no child, the widow fhall be preferred, and next to the widow
or children, a grand-child fhall be preferred,
12. If there be neither widow, nor child, nor grand-child, the father fhall be preferred.
13. If there be neither widow, nor child, nor grand-child, nor father, brothers and lifters
fhall be preferred, and next to brothers and fifters, the mother fhall be preferred.
14. If there be neither widow, nor child, nor grand-child, nor father, nor brother, nor fifter,
nor mother, the next of kin fhall be preferred.
15. Males fhall be preferred to females in equal degree of kin,
16. Relations of the whole blood fhall be preferred to thofe of the half blood in equal degree,
and relations of the half blood fhall be preferred to relations of the whole blood in a remoter
degree.
17. Relations descending fhall be preferred to relations afcending in the collateral line; that
is to fay, (for example,) a nephew fhall be preferred to an uncle.
18. None fhall be preferred in the afcending line beyond a father or mother, or in the defcend-
ing line below a grand-child.
19. A female fole fhall be preferred to a married woman in equal degee.
20. Where a female is entitled, administration may be granted to her and her hufband, pro-
vided he be capable,
21. Relations on the fide of the father fhall be preferred to relations on the fide of the mother
in equal degree,
22. If there be no relations, adminiftration fhall be granted to the largeft creditor applying
for the fame.
23. If there fhall be neither hufband nor wife, nor child nor grand-child, nor father nor
brother, nor fifter nor mother, or if thefe be incapable or decline, or refufe to appear on pro-
per fummons or notice, or if other relations and creditors fhall neglect to apply, adminiftration
may be granted, at difcretion of the court.
34. If however letters of adminiftration are to be granted, with a copy of the will annexed,
and there be a refiduary legatee or legatees in fuch will, he, fhe or they, fhall be preferred to
all, except a widow, and it fhall be incumbent on the court to proceed, in the manner herein
before directed, with refpect to executors within the ftate, before adminiftration fhall be granted
to any other perfon; and a male refiduary legatee fhall be preferred to a female.
25. Adminiftration may be granted to two or more perfons, with the confent of the perfon
firft entitled, provided that adminiftration, in all cafes, fhall extend to all the perfonal property
of the deceafed within the ftate, in order that the affairs of deceafed perfons be as little com-
plicated as may be, and that perfons interefted therein may the more eafily and readily obtain
juftice.

CHAP. 6.

Rules concern-
ing inventories.

1. IN every cafe wherein letters teftamentary, or of adminiftration, or of collection, are
granted, in order that all perfons interefted in the perfonal eftate may have an opportunity of
knowing, as nearly as may be, the amount of the fame, an inventory, in cafe the eftate lies in
one county, or can conveniently be collected together, or inventories, in cafe the property lies
in more than one county, or cannot conveniently be collected together, fhall be returned to the
office granting the adminiftration.
2. And on granting any letters teftamentary, or of adminiftration, or of collection, a warrant
or warrants fhall iffue, under the feal of office, authorifing two perfons of difcretion, not re-
lated to the deceafed, nor interefted in the adminiftration, to appraife the goods, chattels and
perfonal eftate, of the deceafed, known to them, or to be fhewn by the executor, adminiftrator
or collector. Form of the warrant. "The State of Maryland, To —— —— and ——— ——— ,
" greeting. This is to authorife you jointly to appraife the goods, chattels and perfonal eftate,
" of —— —— , late of —— , deceafed, fo far as they fhall come to your fight and knowledge,
" each of you having firft taken the oath, or affirmation, hereto annexed, a certificate whereof
" you are to return, annexed to an inventory of the faid goods, chattels and perfonal eftate, by

" you appraifed in dollars and cents; and in the faid inventory you are to fet down, in a column
" or columns oppofite to each article, the value thereof. Witnefs C. D. chief juftice (or judge)
" of the orphans court in —— county. Teft. E. F. Regifter, &c."
3. And on the death, refufal or neglect to act, of any appraifer, another warrant may forth-
with iffue in its ftead.
4. The appraisers, before they proceed to act, fhall take the following oath, or affirmation, as
the cafe may be, annexed to, or endorfed on, the warrant, before any perfon authorifed to ad-
minifter an oath: " I, A. B. do fwear, or folemnly, fincerely and truly affirm, that I will well
" and truly, without partiality or prejudice, value and appraife the goods, chattels and perfonal
" eftate, of —— —— , deceafed, fo far as the fame fhall come to my fight and knowledge, and

" will, in all refpects perform my duty as appraisor, to the beft of my fkill and judgment; So
" help me God."
" The appraifers fhall proceed as conveniently as may be to the discharge of their duty, and
fhall fet down each article, with the value thereof, in dollars and cents; all the valuations on
one fide of the paper fhall be fet down in one column, diftinctly, in figures, oppofite to their re-
fpective articles; the contents of each column fhall be caft up and fet down, and likewife the
contents of the whole fhall be caft up, and fet down under the laft column.
6. When the inventory fhall be finifhed, the appraisers fhall certify the fame, under their

hands and feals, and a certificate of their having taken the oath or affirmation as aforefaid, fhall



 
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Session Laws, 1798
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