2038 TESTAMENTARY LAW. [ART. 93

1904, art. 93, sec. 34. 1888, art. 93. sec. 35. 1860, art. 93, sec. 35. 1839, ch. 21,
sec. 1. 1894, ch. 462. 1898, ch. 496.

34. No administration or letters testamentary on any will executed
after the 9th of April, 1898, 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 of wills, unless he be next of kin or largest
creditor.

Cites but not construed in Georgetown College v. Browne, 34 Md. 455.

Ibid. sec. 35. 1888, art. 93, sec. 36. 1860, art. 93, sec. 36. 1798, ch. 101.

sub-ch. 5, sec. 4.

35. If administration shall be granted and a will for the disposition
of the personal estate of the deceased shall afterwards be proved accord-
ing to law, and an executor named therein shall apply for letters testa-
mentary within thirty days thereafter, and shall be capable, and shall
execute a bond as herein directed, letters testamentary shall be accord-
ingly granted to him, and the same shall bo construed as a revocation
of the letters of administration.

The grant of letters is a judgment in rein, and does not prove Intestacy
when a will is offered for probate. Emmert v. Stouffer, 64 Md. 551.

This section makes no distinction between a foreign and domestic will,
and in the light of section 354, there is no reason for any such distinction.
Dalrymple v. Gamble, 66 Md. 305.

This section referred to in construing section 36—see notes thereto. Pacy
v. Cosgrove, 113 Md. 319.

Cited but not construed in Georgetown College v. Browne, 34 Md. 455;
Kane v. Paul, 14 Pet. 33.

Ibid. sec. 36. 1888, art 93. sec. 37. 1860, art. 93, sec. 37. 1798. ch. 101,
sub-ch. 5. sec. 4. 1802, ch. 101, sec. 6.

36. 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 in 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 administra-
tion had not been granted; and the same rules in making such executor
or administrator plaintiff or defendant shall be observed as directed for
making new parties in cases where a party dies.