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same proceedings, with respect to granting letters testamentary
or of administration, as if the party so renouncing had not been
named in the will ; provided nevertheless, that any executor or
executrix named in a will, shall be entitled, notwithstanding
any failure or renunciation as aforesaid, on filing a bond as
aforesaid, before letters testamentary or of administration shall
actually be committed to another or others as aforesaid, to have
letters testamentary granted to him or her, or to be included
therein, as the case may require.
SEC. 8. In case letters testamentary shall be granted to one
or more of the executors named in a will, on failure of the rest,
no executor or executrix, not named in the said letters, shall in
any manner interfere with the administration, or have any
greater interest in, the estate of the deceased, than if he or she
had not been named in the will as executor or executrix ; and if
letters of administration, with a copy of the will annexed, shall
be granted, no executor or executrix therein named shall in any
manner interfere further with the administration, or have any
greater interest in the estate aforesaid, than if he or she had not
been named as aforesaid ; and no executor or executrix named
in a will, shall, before letters testamentary shall be granted to
him or her, have any power to dispose of any part of the estate
of the deceased, or to interfere therewith, further than is neces-
sary to collect and preserve the same ; provided nevertheless,
that any act of an executor or executrix named in a will, done
before obtaining letters testamentary, shall, in case he or she
shall afterwards obtain such letters, be as valid and effectual as
if the said act had been done after obtaining such letters ; and
in case of a suit commenced by such executor or executrix, it
shall be sufficient to produce the said letters, or a certificate
under the seal of the office where they were obtained, that they
have been granted to the party at any time before the trial or
final hearing on such suit ; and in any case whatever where an
exhibit of such letters testamentary or of administration would
be good or available, a certificate as aforesaid shall also be good
and available.
SEC. 9. It shall not be necessary, in any suit at law or equity
brought by or against an executor, executrix or executors, to
make a party of any executor or executrix named in the will,
who shall not also be named in the letters testamentary, but the
making him, her or them, a party or parties by mistake, shall
not vitiate any proceeding for of against the proper party or
parties.
SEC. 10. Any bond executed by an executor or executrix, or
an administrator or administratix, as hereafter mentioned, shall
be recorded in the office of the register of wills where adminis-
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How and
of whom
letters tes-
tamentary
or of admi-
mistration
are to be
obtained.
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