2040 TESTAMENTARY LAW. [ART. 93

son originally appointed might be reappointed, are immaterial. Lutz v.
Mahan, 80 Md. 236.

A waiver of a right to administer is a sufficient consideration for a promise
to administer without compensation. Mott v. Fowler, 85 Md. 678. And see
Bassett v. Miller, 8 Md. 550; Brown v. Stewart, 4 Md. Ch. 368.

Cited but not construed in Coburn v. Harris. 53 Md. 370; Georgetown
College v. Browne, 34 Md. 455.

See notes to sec. 33.

1904, art 93, sec. 38. 1888. art. 93, sec. 39. 1860, art. 93, sec. 39. 1798, ch. 101,
sub-ch. 3, secs. 10. 11. 1910, ch. 580 (p. 321).

38. Every administrator shall, before administration shall be
granted to him, execute a bond to the State of Maryland, with at least
two sureties approved by the court or register, in a penalty prescribed
by them or him, or with a surety corporation authorized by the laws
of this State to qualify upon such bonds, and whenever the surety
Upon such bond is a corporation so authorized to qualify as such, the
amount of the penalty of such bond shall be fixed by the court or regis-
ter in an amount not exceeding the probable value of the property
and assets of the estate for which the said administrator should
account and be liable for, according to law, and nothing herein shall
prevent the court or register from increasing the penalty of any bond
to such an amount as they or he may see proper, for sufficient cause
shown; and said bond shall have the same condition annexed as herein
prescribed for the bond of an executor; and said bond shall be recorded
and be liable to be sued on, and be in all respects on the same footing
as an executor's bond; and any person conceiving himself interested
shall be entitled to a copy of said bond under seal, which copy shall
be evidence.

The orphans' court is the exclusive judge of the sufficiency of the penalty
of the bond. Ancillary Jurisdiction of equity. Alexander v. Stewart, 8 G.
& J. 245.

On a joint bond each of the administrators is liable not only for his own
acts but for the acts of his co-administrator. Clarke v. State, 6 G. & J. 288.
Cited but not construed in Georgetown College v. Browne, 34 Md. 455.
See sec. 49 and notes; also sec. 105.

The bond of an administrator is liable for the collateral Inheritance tax—
art. 81, sec. 138, et seq.

As to counter and new security, see art. 90, sections 1 and 2.
As to the allowance of the cost of corporate surety bonds out of the
estate, see art. 24, sec. 10. Trust companies are not required to give bond
as executor, administrator, etc.—art. 11, sec. 48.

1906, ch. 270.

39. Any administrator, executor, guardian, committee, receiver,
trustee, assignee or other fiduciary or party of whom a bond, under-
taking or other obligation is required, is authorized to agree or arrange
with his surety or sureties, either for a general or a special deposit
for safe-keeping of any and all moneys, assets and other property for
which he is or may be responsible with a bank, savings bank, safe
deposit or trust "company authorized by law to do business as such,
and situate in the city or county in which his said bond may have
been filed, and in such manner as to prevent the withdrawal or aliena-
tion of such money, assets or other property, or any part thereof, with-