The Baltimore County union. [volume] (Towsontown, Md.) 1865-1909, 1908-04-25
TCHAPTER 1851


AN ACT to amend Article SO of the
Code of Public General Laws, of 1904.
title. "Testamentary Law" by adding
thereto a new section. under the
subtitle. Orphans Court" to be
numbered 2S4. and to follow immedi-
ately after Section 233
Section l. Ee it enacted by the GEN
eral Assembly of Maryland. That the
Code of Public General Laws. Article
80, title 'Testamentary Law" be and
the same is hereby amended by adG,ng
t91rcto q new acctioa, under the SUD.
titie 'Orph&ns' Court" to be number d
2S4, to follow Immediately after Sc
ton 2SS, and to read as follows:
Section PA. The Court shall have
full power to take probate of wills.
grant letters tcstamentary and of adj
mnistration. direct the conduct and
accounting of executors and admins
traitors. superintend the distribution
Of estates of intestates. secure the
rights of orphans and legatees and adj
minister justice in all matters relating
fto the affairs of deceased persons. also
of persons supposed to be dead, under
the following conditions:
A. Whenever letters testament:try-
or of administration are applied for
on the estate of any person supposed
to be dead on account of uninterrupted
absence for above seven years from,
the place of last domicile within. the
State and having been for such time
unheard of. the Court, if satisfied that
the person applying therefor. or pre-.
senting a will or coG!cil of the sup
posed decedent for probate, would be-
| entitled to such letters or to such pro-
| bate if the decedent We're dead shall
cause to be advertised in n ncwspa-
| per published in the county. or the
| city of Baltimore. as the case may be,
once week for four successive weeks,
| the fact of such application together
with notice that on a day certain at
least two weeks after the last aGver-
t!sement, the Court will hear evidences
concerning the alleged absenc Of the
supposed decedent and the circuastan-
Ces and duration thereof
b. At the hearingN the Court shah
take evidence for the purpose OF ascer>
tanning whether the presumption OF
death is established, and, if satisfied
thereof. shall pass an order so adjuds,-
ing and forwith cause notice thereof
TO be inserted for two successive
weeks in a newspaper published in t.
county or city OF Baltimore, as rhs
case may be- and also when practic>
able, in newspaper published at o.
near the place beyond the State where
when last heard from. the su%~1ac&
decedent had his residence. The notice
shall require the supposed deccdent
If alive, or any other person for him
60 -
weeks from the date Of its last in5er.
jon, satisfactory evidence of his con
,nuance of life
c. If, within said period Of 'w"lW
weeks, evidence satisfactory t. tE>
Court of such continuance in Ike be
not forthcoming the Court shall direct
probate and letters testamentary or ot
administration, as the case may re,
;;Iire, to issue, and such grant shah
ne rs valid as if the suppos dece.
Gent were actually dead.
u. The Court may revoke s"ch ret.
ters at any time on due ana S3tiscac,
tory proof that the supposed dcc,Gent
is in fact alive. after which reVoca ton
all powers OF the executor or admin
istrator shall cease. but all receipts or
disbursements and other acts previous
ly done by him shall remain as valid
rs IL the letters wee unrevoked; and
the executor or adm nistrator shall
settle an account OF his administration.
to the time OF rcVoss tioa and transfer
all assets remaining in his hands 10
the person as whose executor or adj
ninistratoT he acted. o. his duly auth
that nothing contained II this sectioG
snail validate the title OF any person.
| TO any money or property receive az
supposed dScedent but the same ma.
| De recovered from such person in anT
| case where recovery might be hau I
! th!s section had not been passed
I r. Before any distribution Of ;hs
proceeds of the estate of such supposed
| 3ecedent the persons entitled Their tt
shall respectively give bond with adc'
| shall direct conditioned that if the
supposed deceCent shall IN fact be AZ
| the time alive. they viii respe ctvely
| IN demand refund the amounts received
/ ~ each with interest thereon. If anI
! :jlch person is unable to furnish tne
security the money shall be safely
| invested under the direction OF tht
! curt the accruing interest to be paid
! 20 the person entitled. the money t1
| .c,nain invested until the security J..
| snail order it paid to the person en-
| titled.
person enormously supposed to ba
! lead may. on suggestion filed OF record
! IF the proper fact. be substituted ~
plaintiff in all actions brought by tho
| executor or administrator. at any stage
: nroceedines before or after jHdg.
rent. re may. in actions previously
brought against such representative.
be substituted as defendant. upon like
tuggestion by himself or the plaintiff,
nd shall be then entitled to a reason
lie time in which to prepare for
; t~ial. Judgments recovered against
IA, executor or administrator may bs
1pcned on application of the supposed
Iecedent made within three months
from the date Of revocation. suppcrtec
t,,, affidavit specifically denying tho
4iIered Indebtedness or cause Of acJ