626 TESTAMENTARY LAW. [ART. 93.

if the summons shall be returned "summoned," and the exe-
cutor shall not appear accordingly, or appearing, shall not
within twenty days thereafter file a bond as aforesaid, or if
two such summonses shall be returned "non est," and the party
shall not appear according to the tenor of the second sum-
mons, or appearing, shall not within twenty days thereafter
file a bond as aforesaid, letters of administration may be granted
as aforesaid; Provided, nevertheless, that in case of sickness of
or accident to such executor, or reasonable excuse made in his
behalf, the court may at discretion allow a further time, not ex-
ceeding forty days after such return or appearance, for filing
such bond.

45. If the sole executor be out of the State at the time of
authentication or probate, and shall not within six months
thereafter return and file a bond as aforesaid, letters of admi-
nistration may be granted as aforesaid; but in case the said
executor be out of the State, and shall return at any time be-
fore the expiration of the said six months, there may be a sum-
mons and the same proceedings thereon as if he had been in
the State at the time of the authentication or probate; 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 the authen-
tication or probate, and shall return as aforesaid; but letters of
administration after the expiration of the said six months may
be granted without such proceeding, by summons against the
executor so returning.

46. If there shall be more than one executor named in a will,
there may be the same proceedings with respect to each of them
as if he were the only executor named; and any circumstances
under which letters of administration may be granted, on failure
of a sole named executor, shall authorize the granting letters
testamentary to one or more of the executors, on 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
executor, shall authorize the granting of such letters of admi-
nistration on failure of all the executors; and in no case where
there are several executors named in a will, shall letters testa-
mentary 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 failing