The Democratic advocate. [volume] (Westminster, Md.) 1865-1972, 1896-05-16
CHAPTER 246.

AN ACT TO REPEAL SECTION go OF
ARTICLE 90 OF THE CODE OF PUB
Lie GENERAL LAWS. TITLE TES-
TAMENTARY LAW, SUBTITLE Or
PHANS' COURT. AND TO RE-ENACT
THE SAME WITH AN AMENDMENT
EXTENDING THE JURISDICTION
OF ORPHANS COURT TO THE ES-
TATES OF PERSONS ABSENT AND
UNHEARD OF FOR ABOVE SEVEN
YEARS.
Section 1. Be it enacted by the General
Assembly of Maryland, That Section go
of Article SO of the Code of Public General
Laws, title Testamentary Law, subtitle
| Orphans Court, be and the same is hereby
repealed and re-enacted so as to read as
| follows:
23O. The courts shall have full power to
| take probate of wills, grant letters tesla
mentary and of administration, direct the
conduct and settling the accounts of ex-
| ecutors and administrators, superintend
the distribution of the estates of intes-
tates, secure the rights of orphans and
legatees, and to administer justice in all
matters relative to the affairs of deceased
persons, and also of persons who by their
uninterrupted absence, unheard of for
above seven years, and supposed to be
dead; provided, that when any will or cod
lcn snail De presented Tor probate or ap-
plication shall be made for letters tesla
mentary or of administration upon the
estate of q. person so absent and unheard
of for above seven years, the person pre-
senting such Will or codical OF making
application for letters, as aforesaid shall
file written petition under oath setting
forth the time when and the place where
absentee was last heard of by his family or
friends, that diligent inquiry has been
made among the family, relatives and
friends OF such absentee, and that adver-
tisement and inquiry by letters or other
wise has been made at the most likely
place of his last residence, and that no in
forma ton by any of these means has been
obtained of such absentee since the date
set forth in the petition, which must be
above seven years prior to the date of the
petition, and that the applicant verify be-
lleVes such absentee TO be dead, where
upon the court shall order notice by publ
cation to be given in one or more news
papers, stating that a will or codicil pur-
porting to be the will or codicil of such
absentee mad been presented for probate
or that application had been made for
letters testamentary or of administration
upon the estate of such absentee, as the
case may be, and warning such absentee
to appear on or before the day fixed in
such order and show cause why the will
or codicil should not be probated and let
tiers of administration granted, If there be
no will and such notice shall be published
as the court may direct, not less. how
ever, than once a week for four successive
weeks, fifteen days before the day fixd
by such order for the appearance of the
absentee, and II no appearance be made.
the court may, If ii see fit summon before
IL ana examine under oath any relations
or friends of such absentee respecting his
absence, and If no information or evidence
shall be obtained indicating the probable
existence of such absentee, the court NAV
1udlcially determine such absentee to be
dead, and may proceed to probate the will
or codicil in the usual manner and to
grant letters testamentary thereon, or TO
grant letters of administration, as the
case may be, as upon the estate of a de-
ceased person, and such probate and such
letters, either testamentary or of admin
istrauon, when granted, shall hate the
same force and effect as if granted upon
the estate OF a person proven by direct
testimony to be dead
Section 2. And be it enacted That This
Act shall take effect from the date of its |
passage. - 10
Approved April ., 1896.
LLOYD LOWNDES, Governor.
WILLIAM CABELL BRUCE.
President of the Senate
SYDNEY E. MUDD,
speaker OF the House of Delegates
We hereby certify that the aforegoins is |
correct copy of an Act of the General
Session, 1896.
]. ROGER McSHERRY.
Secretary of the Senate
NJ. NJ. HIGGINS
chief Clerk of the House OF Delegates.