Democratic messenger., 1908-04-18
ICIlAPTER 12s.1


| AN ACT to amend Article % Of tho
Code Of Public General Laws OF 1904.
title. "Testamentary Law" by adding
thereto new section. under the
subtitle Orphans Court" to be
numbered 2Si. and to follow immedi-
ateiy after Section 233 "a
Section L BE il enacted by the Cen
| cral Assembly OF Maryland That the
Code Of Public General Laws. Article
sS. title '"rostamcntary Law" be ana
the same is hereby amended by adding
thereto new section. under the sub.
title. orphans Court" to be- numbered
2S4. to follow Immediately after Soc
tion 233. and to read as follows:
Section 234 The Court shall have
fun power TO take probate OF willis.
grant letters testamentary and Of ad-
ministration. direct the conduct and
accounting Of executors ana admins
traitors. supcrintcnd the distribution
OF estates ot intcstates secure tho
rights OF orphans and legatccs and adj
minister justice in all matters relating
TO the affairs OF deceased persons. also
OF persons supposed to be dead under
the following conditions:
\. Whenever letters testamcntary
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 domlcile within thr
State and having been for such time
unheard Of, the Court. if satisfied that
the person applying therefor or pre-
sonting will or codicil OF the sup
pnAeI fn
entitled TO such letters or to such pro
bate II the deccdcnt were dead. shall
cause To be advertised in a 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 day certain. at
least two weeks after the last adycr-
tiscment the Court will hear evidence
concerning the alleged abscnc OF the
supposed decedent and the circumstan-
cos and duration thereof
Il. At the hearing the Court shall
take evidence for the purpose OF asccr
taining whether the presumption Of
death is established. and. II satisfied
thereof shnll 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 practlc-
able in newspaper published ut or
near the place beyond the State where.
when last heard from the supposed
dccedent had has residence The notice
shall require the supposed dcccdent
II alive. or any other person for him.
TO produce 70 the Court within twelve
weeks from The date or its last inser-
tion. satisfactory evidence of his cor
tinuance of lfc.
G. Il Within said period % twelve
weeks evidence satisfactory to tho
Court OF such continuance In nfe bc
not forthcoming the Court shall direct
probate and letters testam .utary or of
administration as tho ease may re-
quire to issue. and such grant shall
hc AZ valid MS IL the supposed dcce-
dent were actually dead.
u. The Court muy revoke such let
tcrs NJ any time on duo and satisfac-
tory proof that the supposed dcccd.nt
Is in fact alive. after which revocation
all powers q the executor or admin
lstratut snail 'vltsc. i,ui all i-octr rta ui
disbursements and other acts previous
ly done by him shall remain as valid
AZ II the letters were unreVoked. and
the executor Or administrator shall
settle an account Of his administration
To the time OF revocation and transfer
an assets remaining TN his hands 10
the person as whose executor or adj
ministrator he acted or his dUlS AUTH
orized agent or attornt" provided
that nothing contained iu this section
shall validate tn" tltlc of any persons
to any money or property received as
widow next nf kin or distrihutcc uf the
supposed drcedent but the same may
be recovered from such person In any
~ e.
this section had not been passed
T. Before any distribution of thc
proceeds of the estate of such supposed
iecedeni thu persons entitled m reio
thali respectively give bond with adc-
,Iate security. "a be- approved hy the
'ourt IN such sum aal form as II
.hal direct. conditioned that II tie
supposed dccVLcrt shnll ~ fnct hs AZ
the time alive. they VIII respectively
by each with Interest thereon. II any
such person is unahl" 20 Furnish IN"
security. the money shnli be safely
invested under the direction ~ the
curt the accruing iut"rcrt 70 he paid
to the person entitled the money 20
remain Invested until the security is
given. or the Court on application
shan order It paid to the person en-
titled
+. After revocation of letters tho
person enormously supposed 10 be
dead may. on suggestion filed 90 record
OF the proper fact be substituted as
plaintiff in all actions brought by the
executor or administrator. NJ any stage
~ proceedings. before or after tudE-
ment lie may. in actions previously
brought against such representative.
he substituted ns defendant. upon like
suggestion by himself or the plaintin.
and shall be then entitled To a reason
thle time IN which to prepare for
trial Judgments recovered against
the executor or administrator may be
opened on application of the supposed
deccdent made within three months
from the date of revocation. supported
by afffdavit specifically denying tho
alleged Indebtedness or cause OF ac-