HERBERT R. O'CONOR, GOVERNOR. 397

(c) Whenever a fiduciary, as herein defined, is engaged
in war service as also herein defined, such fiduciary, or
any co-fiduciary or his surety or sureties or other person
having an interest in the administration of the decedent's
or ward's estate, including a creditor or the Register of
Wills, may present a petition to the Orphans' Court grant-
ing letters of such fiduciary, or to the Orphans' Court to
which application for letters would be made if none have
yet been granted, praying for the passage of an order re-
voking the letters and, where necessary, granting letters
to a successor, or praying for an original grant of letters
as the case may be. In addition to the name of the fidu-
ciary engaged in war service, the petition shall state the
nature of the petitioner's interest in the premises, the ap-
proximate value of the estate and the names and addresses
of any co-fiduciaries or alternates, so far as known to the
petitioner. The petition shall be sworn to by the petitioner
and, if filed by a person other than the fiduciary engaged
in war service, shall, in addition, be supported by the
affidavit of such fiduciary, or by the affidavit of some other
competent person certifying to the belief that such fidu-
ciary 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, ex
parte or otherwise, as the court may require, the court
may, notwithstanding any other provision of law, where
no letters had theretofore been granted to such fiduciary
in war service, grant original letters as if said fiduciary
had not been named in the will, or where letters had been
previously granted, revoke the letters of the fiduciary en-
gaged in war service, and upon the revocation of letters,
if there be no remaining fiduciary, it shall be the duty of
the court to appoint a new or substitute fiduciary in ac-
cordance with the provisions of this Article providing for
such appointment upon the revocation of any letters testa-
mentary or of administration or of guardianship.

SEC. 2. And be it further enacted, That this Act is
hereby declared to be an emergency law and necessary for
the immediate preservation of the public health and safety
and being passed by a 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 29, 1945.