The Prince George's enquirer and southern Maryland advertiser. (Upper Marlborough, Md.) 1882-1925, 1908-04-24
fCHAPTER 1851

| tCHAPTER 1851
| AN ACT to amend Article SO of the,
| Code OF, Public. General Laws, of 1904.
| title. "Testamentary Law by adding
thereto new section, under the
| subtitle, Orphans Court" to be
numbered 254, and TO follow immedi~
! ately after Section 233
I Section 1. Be it enacted by the Gen.
eral Assembly of Maryland, That tho
SO, title --Testamentary Law be and.
the same is hereby amended by adding
| thereto a new section. under the sub
title Orphans Court" to be numbered
| 2s4 to follow Immediately after Sec
| ton 253, and to read as follows:
| Section 234. The Court shall have.
| full power to take probate of Wills.
grant letters Parliamentary and of adj
ministration, direct the conduct and
| accounting of executors and adminfs-
traitors, superintend the distribution
of estates Of intestates, secure the
rights of orphans and legatees and adj.
minister justice in all matters relating
kto the. affairs Of deceased persons, also
of persons supposed to be dead under
TIE loilOWlNS cOnoltIOnS.
A. Whenever letters testamentary-
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 codicil of the sup
posed decedent for probate, would be
entitled to such letters or to such pro-
bate if the decedent were dead, shall
cause to 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 adver-
tisement, the Court will hear evidences
concerning the alleged absenc of the
supposed decedent and the circumstan-
ces and duration thereof.
B. At the hearing 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 adjudg.
ing and forwith cause notice thereof
to be inserted for two successive
weeks in a newspaper published in the
county or city of Baltimore, as the
case may be, and also, when practic>
able, in a newspaper published at oe
near the place beyond the State where
when last heard from, the supposed
decedent had his residence. The notic<
shall require the supposed deeedent
if alive, or any other person for. him
to produce to the Court within twelve
weeks from the date of it's last inser-
ton. satisfactory evidence of his COP
tinuance of life.
C. If, within said period of twelN
weeks, evidence satisfactory to the
Court of such continuance in life b
not Forthcoming. the Court shall direct
probate and letters testamentary or Of
administration, as the case may re.
quire, to issue and such grant shah
be as valid as if the supposed dece
dent were actually dead
D. The Court may revoke such let
tiers at any time on due and satiSfac,
tory proof that the supposed decedenl
is in fact alive, after which revocation
all powers Of the executor or admin
disbursements and other acts previous
ly done by him shall remain as valid
as if the letters were unrevoked; and
the executor or administrator shall
settle an account Of his administration
to the time of revocation and transfer
all assets remaining in his hands to
ministrator he acted. or his duly auth
orized agent or attorney; provided
that nothing contained in this sectiok
shall validate the title of any persons
widow (next of kin or Gistributee of thu
supposed decedent. but the same may
be recovered from such person in AMI
case where recovery might be had il
this section had not been passed.
E. Before any distribution of ths
ieeedent. the persons entitled thereto
| shall respectively give bond with ade.
luate security. to be approved by thu
shall direct, conditioned that if TIL.
| supposed dececent shall in fact be at
| the time alive, they will respectively
on demand refund the amounts amounts reeeivet
such person is unable to furnish the
security. the money shall be safely
| invested under the direction OF IN:
! to the person entitled, the money to
remain invested until the security II
| given, or the Court on application
shall order it paid to the person en-
F. After revocation of letters the
person enormously supposed to De
dead may on suggestion niea 9I reeoss
plaintiff in all actions brought by the
| executor or administrator. at any stage
Of proceedings. before or after judg-
nent He may. in actions previously
brought against such representative.
| 1e substituted as defendant, upon like
suggestion by himself or the plaintiff.
and shall be then entitled to reason
! bic time in which to prepare Tor
! trial. Judgments recovered against
| the executor or administrator may bs
opened on application of the supposed
decedent made within three months
from the date of revocation. supported
| by affidavit specifically denying. tho
alleged Indebtedness or cause Of as>