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forty days from the date of the said copy, on his, her or their
executing bond or bonds as aforesaid ; and in case of sickness
of, or accident to, or reasonable excuse made in behalf of, any
such executor or executrix, the said court, or register, may
allow a further time, not exceeding thirty days, for filing such
bond, and taking such letters; but in no case shall letters testa-
mentary be granted in such county after the expiration of such
time allowed, or in any other county except that wherein the
will was authenticated or proved ; and it shall be the duty of
such executor or executrix to transmit to the court where the
will was authenticated or proved, a certificate, under seal of the
register of wills of the county wherein letters testamentary
shall have been granted, to shew that such letters have been
granted.
SEC. 3. If there be only one executor or executrix named,
and he or she shall have been present at the authentication or
probat of the will, and shall not, within thirty days thereafter,
file a bond as aforesaid, or procure an attested copy under seal
as aforesaid, for the purpose of taking letters as aforesaid in
another county, letters of administration, with the copy of the
will annexed, may be granted by the orphans court of the
county wherein was the probat or authentication, to such
person as they might be granted to in case of intestacy ; and if
the said executor or executrix, so procuring an attested copy,
shall not obtain letters testamentary in some other county,
within seventy days from the date of the copy, letters of admi-
nistration may be granted as aforesaid by the orphans court of
the county where the will was proved or authenticated ; and it
shall not be incumbent on the party applying for or taking such
letters of administration, to shew that letters testamentary have
not been obtained in some other county on the copy aforesaid ;
but such letters of administration shall not be granted, if it
shall be proved to the court, by affidavit, or certificate under
the seal of office, or if they shall have reason to believe, that
such letters testamentary have been granted in a county proper
for granting them.
SEC. 4. In case the said sole executor or executrix shall not
have been present at the authentication or probat, but shall
have been within the state, a summons may issue against him
or her, either at the instance of a person interested, or ex officio
by the orphans court, or (in their recess) the register of wills of
the county wherein the will was authenticated or proved,
returnable not less than twenty, nor more than sixty days after
date ; and if the summons shall be returned 'summoned,' and
the executor or executrix shall not appear accordingly, or
appearing, shall not, within twenty days thereafter, file a bond
or bonds as aforesaid, or if two such summonses shall be
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How and
of whom
letters tes-
tamentary
or of admi-
nistration
are to be
obtained.
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