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Executors, named therein, shall apply for letters testamentary
within thirty days thereafter, and shall be capable of the same,
and shall execute a bond as aforesaid, letters testamentary shall
be accordingly granted, and the same shall be construed as a
revocation of the letters of administration ; provided neverthe-
less, that all acts done by any administrator or administratrix
according to law, before any actual or implied revocation of the
letters of administration, shall be valid and effectual; and pro-
vided, that the executor, executrix or executors, so obtaining
letters testamentary, shall thereby be authorized to prosecute
any actions at law or equity, commenced by the administrator!
administratrix or administrators, and to obtain judgment in his,
her or their own names, and likewise to defend any suit, as
aforesaid, commenced against the said administrator, adminis-
tratrix or administrators; and the granting letters testamentary
in such case shall not be construed to affect any suit as afore-
said, commenced against the administrator, administratrix or
administrators, but the plaintiff or plaintiffs shall be allowed to
prosecute the same unto judgment; nor shall the granting such
letters testamentary be construed to affect any suit brought by
the administrator, administratrix or administrators, but the same
shall be prosecuted unto judgment, unless the executor, execu-
trix or executors, shall come into court, and pray that the same
be struck off, or discontinued; and the executor, executrix or
executors, shall have the benefit of all judgments obtained by
the administrator, administratrix or administrators, and shall be
bound by all judgments obtained against them, unless the same
shall be shewn to have been obtained by fraud, and set aside
by the court in which the judgment was rendered, upon such
suggestion of fraud, either upon an examination in a summary
manner into the fact, or by directing an issue to try the same,
or unless the said executor shall shew to the court that there are
good grounds to open the judgment, in which case the court
shall and they are hereby authorized to open the said judgment
for future litigation; and with respect to the allowance of costs,
all administrators shall be on the same footing as if letters tes-
tamentary had not been granted, and the same rules in making
the executor or executors plaintiffs or defendants shall be
observed as are directed by the act of one thousand seven
hundred and eighty-five, chapter eighty.
SEC. 5. And in all cases where letters testamentary shall be
granted as aforesaid, it shall be the duty of the administrators to
exhibit to the orphans court their accounts, without delay, and
to deliver to the executor, on demand, all the goods, chattels
and personal estate, in their possession, belonging to the de-
ceased, and on failure, their administration bonds shall be liable
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To whom,
and under
what cir-
cumstances
letters of
administra-
tion may be
granted.
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