ART. 93] ADMINISTRATION. 2039

Sales duly made by tin executor under a power given by the will are good
until the actual or implied revocation of his letters, and the fact that a
caveat has been filed before the ratification of the sale, does not alter the
rule. In case of subsequent revocation, the proceeds of sale would be turned
over to his successor. Pacy v. Cosgrove. 113 Md. 318; Seldner v. McCreery,
75 Md. 295.

Cited lint not construed in Georgetown College v. Browne, 34 Md. 455.

1904. art. 03. sec. 37. 1888, art. 93, sec. 38. 1800, art. 93, sec. 38. 1798, ch. 101,
sub-ch. 14, sec. 1. 1874. ch. 402.

37. If any person entitled to administration shall deliver or trans-
mit to the orphans' court a declaration in writing that he is willing to
decline the trust, the court shall proceed as if such person were not
entitled; and in any case in which letters testamentary or of administra-
tion have been or may hereafter be, granted to any person, either as sole
executor or administrator, or as executor or administrator to act in
conjunction with another person or with other persons, and such executor
or administrator shall be desirous to retire from and resign such appoint-
ment after he shall have accepted the same, said executor or adminis-
trator may exhibit his petition ex parte in the court by which said
letters were granted, accompanied by a full and particular account
under oath of his or her receipts and disbursements, if any, as such
executor or administrator; and the said court upon the filing of such
petition and accounts shall have jurisdiction in the premises, and shall
cause notice to be given by publication in one or more papers of the,
city or county where such letters were granted, and for such time as .the
said court may deem proper, of the filing of said petition; and if no
good cause shall be shown to the contrary, by the day that may be
limited in that behalf in said notice, the said court shall release and
discharge the said executor or administrator from the further perform-
ance of the duties of said appointment, and may pass such order as to
costs and commissions and impose such terms in other respects as the
nature of the case may require; provided, that such executor or admin-
istrator and his sureties shall not, by such discharge, be released from
liability to any person in interest for past acts, defaults or omission
of duty.

This section does not mean that the right to letters may not be waived or

lost, otherwise than by written renunciation. Waiver or estoppel. McColgan

a. Kenny, 68 Md. 260; Pollard v. Mohler. 55 Md. 289. C/. Melntire v>.

Worthlngton. 68 Md. 208.

A letter of a party entitled recommending a stranger, held to amount to a

renunciation. Carpenter v. Jones. 44 Md. 629. Cf. Mclntire v. Worthjngton,

08 Md. 208.

A renunciation is final and irrevocable unless made under a mistake of

fact. Carpenter v. Jones, 44 Md. 629. And see Slay v. Beck, 107 Md. 362;

Lutz r. Mahau, 80 Md. 237; Glenu v. Reid, 74 Md. 241; Pollard v. Mohler,

55 Md. 289: Thomas v. Knighton, 23 Md. 327; Stocksdale r. Connway, 14 Md.

106.

An order discharging an administrator under this section, passed under a

mistake of existing facts, will be rescinded. Cummings i;_ Robinson, 95 Md.

84. And see Cummings i;. Robinson. 95 Md. 760.

Letters granted to one son upon the representation that there were no

other sons, will be revoked upon Its appearing that there was another son

and two daughters. The fact that the other son has renounced, and that the

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