ART. 93] ADMINISTRATION BY AN EXECUTOR. 2043

his trust, there may be the same proceedings 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, before let-
ters 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.

This section referred to in deciding that a revocation is irrevocable after

letters granted—see notes to section 37. Stocksdale v. Conaway, 14 Md. 107.
This section referred to in construing section 33—see notes thereto.

Georgetown College v. Browne, 34 Md. 457.

1904, art 93, sec. 47. 1888, art. 93, sec. 48. 1860. art. 93, sec. 48. 1798, ch. 101,

sub-ch. 3, sec. 8.

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 interfere 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 administration, 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 pre-
serve the same; but any act of an executor named in a will done before
obtaining lettera testamentary shall, in case ne 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.

Ibid. sec. 48. 1888, art. 93, sec. 49. 1860, art. 93, sec. 49.
1798, ch. 101, sub-ch. 3, sec. 11.

49. The condition of the bond given by an executor or administra-
tor shall be as follows: The condition of the above obligation is such,
that if the above bounden ———— shall well and truly perform the
office of executor of ————, late of ———— county, deceased, accord-
ing to law, and shall in all respects discharge the duties of him required
by law 'as executor aforesaid without any injury or damage to any
person interested in the faithful performance of the said office, then
the above obligation shall be void; it is otherwise to be in full force
and virtue in law.