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How and
of whom
letters tes-
tamentary
or of admi-
nistration
are to be
obtained.
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returned 'non est' and the party shall not appear according to
the tenor of the second summons, or appearing shall not, within
twenty days thereafter, file a bond as aforesaid, letters of admi-
nistration may be granted as aforesaid ; provided nevertheless,
that in case of sickness of, or accident to, such executor or
executrix, or reasonable excuse made in his or her behalf, the
court may, at discretion, allow a further time, not exceeding
forty days after such return or appearance, for filing such bond.
SEC, 5. If the said sole executor or executrix be out of the
state at the time of authentication or probat, and shall not
within six months thereafter, return and file a bond as aforesaid,
letters of administration may be granted as aforesaid ; but in
case the said executor be out of the state as aforesaid, and shall
return, at any time before the expiration of the said six months,
in order to expedite the granting of letters, there may be a sum-
mons, and the same proceedings thereon, as if he or she had
been in the state at the time of authentication and probat, and
upon the said proceedings letters of administration may be
granted before the expiration of six months ; but it shall not be
held necessary to proceed by summons as aforesaid, in case the
party be as aforesaid out of the state at the time of authentica-
tion or probat, and shall return as aforesaid ; but letters of ad-
ministration, after the expiration of the said six months, may
be granted, without such proceeding by summons against the
executor or executrix so returning.
SEC. 6. If there shall be more than one executor or executrix,
named in a will containing any disposition relative to any per-
sonal estate, there may be the same proceedings with respect to
each of them, as if he or she were the only executor or execu-
trix named; and any circumstances, under which letters of
administration may be granted, on failure of a sole named exe-
cutor or executrix, shall authorize the granting letters testamen-
tary to one or more of the executors, on the failure of one or
more of the rest ; and any circumstances under which letters of
administration may be granted, on failure of a sole named exe-
cutor or executrix, shall authorize the granting of such letters
of administration on failure of all the executors ; and in no case,
where there are several executors named in a will, shall letters
testamentary be granted to one only, or to any number of them
less than the whole, or shall letters of administration be granted,
until there shall be such proceedings against each of them fail-
ing, as would authorize the issuing letters of administration in
case of the failure of a sole named executor.
SEC. 7. If any executor or executrix named in a will shall file,
or transmit to the orphans court of the county wherein the will
shall have been authenticated or proved as aforesaid, an attested
renunciation in writing of his or her trust, there may be the
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