Montgomery County sentinel. [volume] (Rockville, Md.) 1855-1974, 1945-08-02

AN ACT to repeal and re-enact with
amendments. sub-seetions (c) and (e)
of Section 2JGA of Article 93 of the,
Annotated Code of Maryland (1943
SUPPLEMENT-. title Discriminatory
Law. subtitle "Orphans' Court, to-
authorize the granting of original
letters OF administration or OF guard
ianship where the executor or guar
dian named in the will is engaged in
war or related services as IL such eX-,
ccutor or guardian had not been so
designated.
Section l. BE it enacted by the Gem
eral Assembly Of Maryland That sub
sections (c) and (e) Of Section 256A
of Article So of the Annotated Code of
Maryland Cg13 Supplement), title Ties
tamentary Law. subtitle Orphans
Court. he and it is hereby repealed
and re-enacted. with amendments, TO
read as follows:
(c) Whenever iiduciary, as herein
defined, is engaged In war service as
also herein defined. such tduciary, or
any CO. tiduciary or his surety or sure
ties or other person having an interest
in the administration of the decedent's
or wards estate, including a creditor or
the. Register of Wills, may present
petition to the Orphans Court grant.
ing letters of such tiduciary, or to the
Orphans Court to which application for
letters would be made II none have yet
been granted, praying for the passage
of an order revoking the letters and.
where necessary, granting letters to
successor. or praying for an original
grant of letters as the case may be. In
addition to the name of the tiduciary
engaged in war service, the petition
shall state the nature of the petitioners
interest in the premises, the approx
mate value of the estate and the names
and addresses OF any CO tduciary or al
ternates. 81 far as known to the Pc
titioner. The petition shall be sworn
to by the petitioner and, IL filed by
person other than the fduciary engaged
in war service, shall, in addition, be
supported by the affidavit of such tidu-
ciary, or by the affidavit of some other
competent person certifying to the be-
lief that such 1iduciary is engaged In
such war service or that since entering
such service he has been reported or Is
believed to be missing.
(e) Upon presentation of the petition
the court shall have jurisdiction, and
after such hearing thereon. eXparte or
otherwise, as the court may require, the
court may, Notwithstanding any other
provision of law, where no lcttcGs had
heretofore been granted to such tidu-
ciary in war service, grant original let
tiers as If said tiduciary had not been
named in the will, or where letters had
been previously granted, revoke the let.
tiers of the tiduciary engaged in war
service. and upon the revocation of let
tiers, II there be no remaining fiduciary,
it shall be the duty Of the court to APP
point a new or substitute fiduclary in
accordance with the provisions of this
Article providing for such appointment
upon the revocation of any letters tesla
mentary or OF administration or Of
guardianship.
See = And be It further enacted,
That this Act is hereby declared to be
an emergency law and necessary for
the immediate preservation of the pub
lie health and safety and being passed
10y yea and nay vote. supported by
three fifths of all members elected TO
each of the two Houses of the General
Assembly. the same shall take effect
from the date of its passage.
Approved: March 20. 1915.