2118 TESTAMENTARY LAW. [ART. 93

1904, art. 93, sec. 245. 1888, art. 93, sec. 241. 1860, art. 93, sec. 241.
1816, ch. 203, sec. 4.

246. Whenever any joint administrator or executor shall apprehend
that he is likely to suffer by the negligence or misconduct in the admin-
istration, improper use, or misapplication of the assets of the estate by
any executor or administrator, he shall make complaint to the orphans'
court, and if the same shall be adjudged well founded, the court shall
have authority, in their discretion, to revoke the powers and authority
of the executor or administrator so complained of, and to enforce by
'attachment and commitment, if necessary, the surrender and delivery to
the remaining executor or administrator of the assets, and of all book
accounts and evidences of debt of the estate that may be in the pos-
session or control of the person so dismissed from the administration,
and the remaining executors or administrators shall have remedy by
an action on the case for the recovery of any loss or damage they may
be subject to or suffer by the executor or administrator whose powers
shall have been revoked as aforesaid.

One executor can not sue his co-executor. If loss is apprehended from the
conduct of the co-executor, this section sets forth the remedy. Beall v.
Hilleary, 1 Md. 197; Hesson v. Hesson, 14 Md. 14.

This section has no application to a petition by an executor asking that
an account stated by his co-executors prior to the expiration of the time
within which creditors might file their claims, and without notice to the
petitioner, be set aside. Yakel v. Yakel, 96 Md. 244.

This section applies only to proceedings by one joint administrator or
executor against another. Linthicum v. Polk, 93 Md. 94.

An appeal lies from the action of the court in revoking letters under this
section. This section distinguished from section 242. (See also, article 5,
section 60.) Macgill v. McEvoy, 85 Md. 290; Forney v. Shriner, 60 Md. 421.
See notes to sec. 229.

Ibid. sec. 246. 1888, art. 93, sec. 242. 1860, art. 93, sec. 242.
1831, ch. 315, sec. 6.

247. Whenever the orphans' court shall revoke letters testamentary
or of administration or of guardianship, it shall be the duty of the
party whose letters or guardianship may be revoked forthwith to render
to such court an account of his administration or guardianship up to
the period of the rendition of such account; and in case he shall fail
to do so within the time fixed by such court, the court may compel the
rendition of such account by attachment, sequestration of property and
imprisonment of the party so failing, until such account shall be
rendered as aforesaid.

This section referred to in construing section 228—see notes thereto. Keal-
hofer v. Emmert, 79 Md. 253.

Ibid. sec. 247. 1888. art. 93, sec. 243. 1860. art. 93, sec. 243.
1831, ch. 315, sec. 7.

248. When any orphans' court shall revoke any letters testamentary
or of administration, and there be no remaining executor or adminis-
trator, it shall be the duty of the court to appoint a new administrator;
and if the party whose letters testamentary or of administration may
be revoked shall not, within a reasonable time to be fixed by the court.