ART. 93.] TESTAMENTARY LAW. 623

34. If letters of administration are to be granted, with a copy
of the will annexed, and there be a residuary legatee or legatees
in such will, he or they shall be preferred to all except a widow,
and it shall be incumbent on the court to proceed in the manner
directed by law with respect to executors within the State,
before administration shall be granted to any other person; and
a male residuary legatee shall be preferred to a female.

35. No administration shall be granted to any judge of the
Orphans' Court, or of the Circuit Court, or,Register of Wills of
the county where he is judge or register, unless he be next of
kin or largest creditor.

36. If administration shall be granted and a will for the
disposition of the personal estate of the deceased, shall after-
wards be proved according to law, and an executor named
therein shall apply for letters testamentary within thirty days
thereafter, and shall be capable, and shall execute a bond
as herein directed, letters testamentary shall be accordingly
granted to him, and the same shall be construed as a revocation
of the letters of administration.

37. All acts done by any executor or administrator according
to law, before any actual or implied revocation of his letters,
shall be valid and effectual, and the executor or administrator
obtaining letters after a revocation, shall thereby be authorized
to prosecute any actions at law or equity, commenced by the
former executor or administrator, and obtain judgment in his
own name, and likewise to defend any suit commenced against
the former executor or administrator, and the new executor or
administrator shall have the benefit of all judgments obtained
by the former executor or administrator, and shall be bound by
all judgments obtained against him, unless the same shall be
shown 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 examination in a summary way into the fact,
or by directing an issue to try the same, or unless the executor
or administrator shall show to the court that there are good
grounds to open the judgment, in which case the court shall
open the judgment for future litigation, and with respect to the
allowance of costs, all such executors and administrators shall
be on the same footing as if letters testamentary or of admi-
nistration had not been granted, and the same rules in making
such executor or administrator plaintiff or defendant, shall be