Democratic messenger. [volume] (Snow Hill, Md.) 1869-1973, 1908-04-18
[CIrAPTER 1851


AN ACT to amend Article % of tho
Code OF Public General Laws OF 1904.
title. "Tcstamcntary Law" by adding
thereto new section. under the
subtitle. Orphans Court" TO be-
numbered 2S4. and to follow immedi-
ately after Section 2s3 "a
Section /. BE IL enacted by the Gem
eral Assembly OF Maryland. That the
Code OF Public General Laws. Article
90. title 'Tcstamentary Law" be and
the same is hereby amended By adding
thereto a new section. under the sub
title. orphans Court" to be numbered
234. to follow Immediately after Sec
tion 233. and to read az follows:
Section 234. The Court shall have
full power to take probate OF Wills.
grant letters testamcntary and OF adj
ministration direct the conduct and
accounting OF executors and admins
traitors. supcrintcnd the distribution
OF estates Of intcstatcs secure the
rights OF orphans and lcgatccs and adj
minister justice In all matters relating
To the affairs Of deceased persons. also
Of persons supposed 10 be dead. under
tho following conditions:
y. Whenever letters testnmcntnry
or Of administration are applied for
on the estate of any person supposed
to be dead on account OF uninterrupted
absence Tor above seven years from
the place Of last domicile within the
state and having been for such time
unheard Of, the Court. II satisfied that
the person applying therefor. or pre-
senting viii or codicil OF the sup
posed decedent for probate. would be
entitled to such letters or to such pro-
bate II the dcccdcnt were dead shall
cause 20 be advertised In newspa-
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 ndver-
tisement. the Court will hear evidence
concerning the alleged absenc OF the
supposed decedent and the circumstan-
cos and duration thereof
b. At the hearing the Court shall
take evidence for the purpose OF asccr-
tanning whether the presumption OF
death is established. and. II satisfied
thereof shall pass an order so adjudg-
ing and forwith cause notice thereof
to be inserted for two successive
weeks in newspaper published In the
county or city Of Baltimore as the
case may be. and also. when practic-
able. in a newspaper published AT or
near the place beyond the State where.
when last heard from the supposed
dcccdent had his residence The notice
.b,ii roo,,fr. th.. .,,,,,,,.....i ,,.,..,....
T.
II awe or any other person Tor MIN.
tn IN M
,,...i,. ,r.,, ,t,. d,,. a.. a., -,
tion, satisfactory evidence or his cor
tinuanco Of lifc.
= ~ ,vlthg, s,4d ,,.-{,a ~ t,..,,.,
weeks. eNldenc" satisfactory to the
Court OF such continuance in life be
rot fnrthron,t,,. ~. c,,,rt .t,,lt ,tir.c,
PROBATE anu i'''''s ''S'"hit"''rS OF OF
administration as the case may re-
,,,tra 80 t.s, o,a t,ct .,,, chm
be as valid as II the supposed deco
dent we're actuailE dead
y ne tpurt may r'Nok" 8uch let
ters ~ any tune on que ana shtistac-
tory PROOF thAt We supposed deeedent
an powers Of the executor or admin
lsttatot shhii ease. nut AZ receipts Or
nlShursefnehtS ana oiner acts previous,
~ done by him shall remain AS valid
~ " the letters ~ef" uhrcNoked, ana
the executor or aunlhlsttator shall
SttNe M account ~ NJ aum' l'NtFdti'n
20 the tlmc OF revocation ana transfer
all assets remaining In his hands TO
the person ~ whose executor or adj
ministrator he acted or his duly auth
orized agent or nttorn.%. provided.
that nothing contained IN this section
shall validate the tue 81 any persons
To any money or property received a.
widow tnext OF KIN or distrlbntee 81 the
supposed deecdent but the sam" may
he recovered from such person IN any
case where recovery might be had II
this section had not been passed