ART. 93.] TESTAMENTARY LAW. 627

as would authorize the issuing letters of administration in case
of the failure of a sole named executor.

47. If any executor named in a will shall file or transmit to
the Orphans' Court of the county wherein the wiil shall have
been authenticated or proved as aforesaid, an attested renun-
ciation in writing of his trust, there may be the same pro-
ceedings 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
named in a will shall be entitled, notwithstanding any failure
or renunciation as aforesaid, on filing a bond as aforesaid, be-
fore letters testamentary or of administration shall actually
be committed to another or others as aforesaid, to have letters
testamentary granted to him, or to be included therein, as the
case may require.

48. 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 not named in said letters shall in any manner in-
terfere with the administration, or have any greater interest
in the estate of the deceased than if he had not been named
in the will as executor; and if letters of administration, with
a copy of the will annexed, shall be granted, no executor therein
named shall in any manner interfere further with the adminis-
tration, or have any greater interest in the estate than if he
had not been named as aforesaid; and no executor named in a
will shall, before letters testamentary be granted to him, have
any power to dispose of any part of the estate of the deceased,
or to interfere therewith further than is necessary to collect and
preserve the same; but any act of an executor named in a will
done before obtaining letters testamentary, shall, in case he 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, 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.

49. The condition of the bond given by an executor or admi-
nistrator, shall be as follows: The condition of the above obliga-