SPIRO T. AGNEW, Governor 137
ments and decrees, a proportionate dividend shall be made between
the judgment and decree creditors.
Sec. 2. And be it further enacted, That this Act shall take effect
June 1, 1967.
Approved March 24, 1967.
CHAPTER 124
(House Bill 118)
AN ACT to repeal and re-enact, with amendments, Section 112 of
Article 93 of the Annotated Code of Maryland (1966 Cumulative
Supplement), title "Testamentary Law," subtitle "Debts," correct-
ing an error therein dealing with actions brought against executors
and administrators, under Testamentary Law.
Section 1. Be it enacted by the General Assembly of Maryland,
That Section 112 of Article 93 of the Annotated Code of Maryland
(1966 Cumulative Supplement), title "Testamentary Law," subtitle
"Debts," be and it is hereby repealed and re-enacted, with amend-
ments, to read as follows:
112.
Executors and administrators shall have full power to commence
and prosecute any personal action whatever, at law or in equity,
which the testator or intestate might have commenced and pros-
ecuted, except actions of slander, provided, that if the death of the
testator or intestate shall have resulted from the wrong for which
any such personal action might have been commenced [than] then
the executor or administrator shall be entitled to recover the funeral
expenses of said testator or intestate, not to exceed, however, the
sum of one thousand dollars ($1,000.00), in addition to any other
damages recoverable in such actions; and they shall be liable to be
sued in any court of law or equity, in any action (except slander)
which might have been maintained against the deceased; and they
shall be entitled to and answerable for costs in the same manner as
the deceased would have been, and shall be allowed for the same
in their accounts, if the court awarding costs against them shall
certify that there were probable grounds for instituting, prosecut-
ing or defending the action on which a judgment or decree shall
have been given against them; provided, however, that any such
action maintainable against an executor or administrator must be
commenced within six calendar months after the date of the
qualification of the executor or administrator of the testator or
intestate; except that such action against the estate of a testator
or intestate may be instituted after the expiration of six months
but within the statute of limitation in the event the deceased was
covered by an existing insurance policy at the time of the occurrence,
the existence of such insurance coverage not being admissible at the
trial of the case and the recovery in the event of a judgment against
the estate to be limited to the extent of such existing insurance.
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