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answerable for all debts, claims and damages aforesaid, and
judgment may be given, and execution may issue and have
effect, as herein directed with respect to an executor giving a
similar bond.
SEC. 8. The rules and regulations herein contained, relative
to last wills and codicils, shall be construed to extend to all-
cases where the testator or testatrix shall die after the time
when the operation of this act shall commence, without regard
to the time of making the will or codicil.
SEC. 9. Forasmuch as it is the intent of the law now in
force, as well as of this act, that executors and administrators
should suffer no loss from the decrease of the estate, and make
no gain from the increase, and that, when necessary for paying
debts, a sale shall take place, and the said executor or adminis-
trator be accountable for the amount of the sales, in every case
where letters testamentary or of administration have already
been granted, and the administration hath not been completed,
or a final account passed, the rules herein before laid down,
relative to the duties and powers of executors and administra-
tors, and the remedies against them, shall govern and prevail
with respect to such part of the administration as shall remain
incomplete at the time when the operation of this act is to com-
mence ; provided nevertheless, that this act shall not be con-
strued to deprive any executor or administrator of any right
which accrued to him by entering on his trust, or to exempt
any executor or administrator from any remedy or proceeding
against him, which any person is or shall be entitled to on
account of his not having observed the directions of the law
now in force.
SEC. 10. All rules herein contained, relative to an executor
or administrator, shall apply and extend to an executrix or ad-
ministratrix, or executors or administrators respectively, unless
otherwise expressly provided for ; and whenever any party in
the singular number, or a male party is mentioned, the rule
shall apply to a female, or to two or more having a joint interest,
or jointly concerned, applying or called upon, so far as the rule
can with propriety apply, or so far as is not otherwise directed.
SEC. 11. If any security of an executor or administrator shall
conceive him or herself in danger of suffering from the surety-
ship, he may apply to the orphans court which granted the
administration, and the said court may call Upon the party to
give counter security, to be approved by the court; and if the
party so called on shall not, within a fixed reasonable time, give
such counter security, the court may order the property remain-
ing in the hands of such executor or administrator to be deli-
vered up to such security, and the court may enforce the
52
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Appendix,
containing
rules omit-
ted under
their proper
heads.
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