Maryland independent. [volume] (Port Tobacco, Md.) 1874-current, 1896-05-15

AN ACT To REPEAL SECTION 80 OF
ARTICLE 90 OF THE CODE OF PUB
Lie GENERAL LAWS. TITLE TEs-
TANfENTARY LAW, SUBTITLE Or
PHANs' COURT. AND TO RE-ENAcT
THE SAME WITH AN AMENDMENT
EXTENDING THE JURISDICTION
OF ORPHANS couRT TO THE Es-
TArEs 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 g 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repealed and re-enacted SO as 10 read as
followsi
$50 The courts shall have full power to
take probate Of wills, grant letters testa-
nlentary and OF administration. direct the
conduct and settling the accounts Of eN-
ecutors and administrators, superlntend
the distribution OF the estates Of intes-
tates, secure the rights Of orphans aud
legatees, and 70 administer justice in all
matters relative to the affairs Of deceased
persons, and also Of persons who by their
uninterrupted absence, unaeard of for
above seven years, and supposed TO be
dead provided, that when any viii or cod
lAt4 SINH bt pAEaNINtN kDI lINNAAE OF up
plication shall be made for letters tesla
mentary or Of administration upon the
estate OF a person so absent and unheard
Of FOR above seven years, the person pre-
senting such Will or cod!cal or making
application for letters, as aforesaid, shall
HE written petition under oath setting
forth the time when and the place where
absentee " as last heard Of by his family or
friends, that dilgent 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
formation 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-
lieYes such absentee te be dead, where
upon the court shall order notice By publ
cation 70 be given in one OF more news
papers, stating that will or codicil pur-
porting TO be the viii or codicil Of such
absentee had been presented for probate.
or mat application had been made for
letters testamentary or Of administration
upon the estate OF such absentee. as tho
case may be, and warning such absentee
10 appear on or before the day fixed In
such order and show cause why The VIII
or oodici should not be prohated aud let
ters testameutary granted thereon or lot
ters oft administration granted II there be
no will, and such notice shall be published
az the court may direct. not less how
ever, than once a week for four successive
weeks, ntteen days before the day fiNd
by such order for the appearance Of the
absentee, and II no appearance be made,
the court may, II Il see fit. summon before
II and examine under oath any relations
OF friends OF such absentee respecting his
| absence, and II no information or evidence
shall be obtained Indicating the probable
existence Of such absentee the court may
| JuGioially determine such absentee TO he
dead. and may proceed to probate the will
or c0dtci In the usual manner. ana Ia
grant letters tesiameutary thereon or 10
grant letters OF administration. as the
case may be, as upon the estate OF de-
ceased person and such probate ana such
! letters. either testamentary or Of admin
| istrauon. when granted. shall lave ne
same force and effect as n granted upon
! the estate Of a person proven by direct
testimony TO be dead
Section g. And be It enacted, That this
passage.
Approved April ?. 1896
LLOYD LOWNDES, Governor.
WILLIAM CABEI.L BRUCE.
President OF the Senate
SYDNEY T., MUD.
Speaker OF the House Of Delegates.
We hereby certify that the aforegolng is
correct copy Of an Act OF the General
sssssmbly o q Maryland, passed January
}. R0GER MesHERRY.
Secretary 0t the Senate
81 NJ HIGGINS,
Chief Clerk Of the House Of Delegates