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United States, for the use of Balch v. Rose
The Couht, (Morsell, J., not sitting,) was clearly of opinion that the executor is not liable upon his bond, for neglect of the duty stated in the replication, until that duty shall have been established in the mode pointed out in the Maryland Testamentary Act of 1798, c. 101, § 20, cl. 8.
Judgment for the defendant upon the demurrer.