2042 TESTAMENTARY LAW. [ART. 93

named by the order of the court, his letters testamentary shall be
revoked forthwith.

The orphans' court has express authority under this section to revoke
letters if the proof warrants their so doing; proof held sufficient. Carey v.
Reed, 82 Md. 393. And see Jones v. Harbaugh, 93 Md. 282.

Cited but not construed in State r. Nicols. 10 G. & J. 47.

As to the qualifications of an executor, see sec. 17.

See notes to sections 38 and 49.

1904, art. 93, sec. 41. 1888, art. 93, sec. 42. 1860, art. 93. sec. 42. 1798, ch. 101.

sub-ch. 3, sec. 2.

42. If the executor, or all the executors named in a will who have
not renounced, shall in due time procure an attested copy of the said
will, and of the authentication or probate, under the seal of the office
where it was authenticated or proved, and shall produce the same to
the orphans' court, or in its recess to the register of wills, in any
county wherein is personal estate of the testator to be administered,
the said will and the authentication or probate thereof shall be recorded,
and letters testamentary may be granted to he said executor, or all
the executors not renouncing, by the said court, or in its recess by the
register, at any time within forty days from the date of the said
copy, on his or their executing a bond or bonds as aforesaid; and in
case of sickness of, or accident to, or reasonable excuse made in behalf
of any such executor, the said court or register may allow a further
time, not exceeding thirty days, for filing such bond and taking such
letters; but in no case shall letters testamentary be granted in such
county after the expiration of such time allowed, or in any other
county, except that wherein the will was authenticated or proved;
and it shall be the duty of such executor to transmit to the court
where the will was authenticated or proved, a certificate under seal
of the register of wills of the county wherein letters testamentary shall
have been granted, to show that such letters have been granted.

This section referred to in deciding that the court would apply the same
rules in the matter of the time within which an application is made to
revoke letters as in an application for letters. Edwards v. Bruce. 8 Md. 397.
Cf. Stocksdale v. Coiiaway, 14 Md. 107.

Ibid. sec. 42. 1888. art 93. sec. 43. 1860, art. 93. sec. 43. 1798. ch. 101.

sub-ch. 3, sec. 3.

43. If there be only one executor, and he shall have been present
at the authentication or probate of the will, and shall not within thirty
days thereafter file a bond as aforesaid, or procure an attested copy
under seal as aforesaid, for the purpose of taking out letters in another
county, letters of administration with the copy of the will annexed
may be granted by the orphans' court of the county wherein was the
probate or authentication, to such person as they might be granted
to in case of intestacy; and if the said executor so procuring an authen-
ticated copy shall not obtain letters in some other county within seventy
days from the date of the copy, letters of administration may be
granted as aforesaid by the orphans' court of the county where the will
was authenticated or proved; and it shall not be incumbent on the