ART. 93] ORPHANS' COURT. 2119

deliver over to .such new administrator, or to the remaining executor
or administrator, as the case may be, all the property of the deceased
remaining in his hands unadministered, and also all the books, bonds,
notes anil evidences of debt or funds, and all title to property or stocks
which belong to or are due, or which may become due to the decedent,
in his possession, and also pay over to such new administrator or
remaining executor or administrator of the decedent all the money due
to him as executor or administrator of the decedent, the court may
compel the delivery and payment over as aforesaid by attachment and
sequestration of the property of the party whose letters may be revoked,
and may also direct to be put in suit the administration or testamentary
bond of such executor or administrator whose letters have been revoked.
This section construed in connection with section 348. Where the admin-
istrator c. t. a. is directed to sue the bond, he can recover all property and
money which the former administrator has in his hands, and also all which
he has wasted or converted. Stockbridge v. Smith, 64 Md. 106.

Where letters are revoked and there are no relations in the state entitled
to notice under section 32, new letters may be granted on the same day. As to
relations not entitled to notice and creditors, the matter of the time within
which the new appointment is made is within the discretion of the court.
McGuire v. Rogers, 71 Md. 589.

A declaration in a suit on a bond under this section must allege that the
court ordered the bond to be put in suit. Dittman v. Robinson, 57 Md. 497.

1904, art. 93, sec. 248. 1888, art. 93. sec. 244. 1860, art. 93. sec. 244.
1821, ch. 156, sec. 1.

249. In all cases where special acts of assembly have been passed
authorizing any orphans' court to appoint a tnistee to sell and dispose
of real estate, the property of minors, and the trustee appointed hath
died or removed without completing his trust, the orphans' court of
the proper county shall appoint another trustee to carry into effect the
provisions of the particular act.

Ibid. sec. 249. 1888, art. 93, sec. 245. 1860, art. 93, sec. 245.
1821, ch. 156, sec. 2.

250. The course of proceedings shall be regulated in each case in
which proceedings may be had under the preceding section, by the ,pro-
visions of the particular act under which a trustee has been appointed,
who has died or removed without fully executing and completing his

trust.

Ibid. sec. 250. 1888. art. 93, sec. 246. 1860, art. 93, sec. 246.
1802, ch. 101, sec. 6.

251. Ff letters testamentary or of administration shall be revoked
by the orphans' court and new letters granted, pending any action at
law or in equity against the executor or administrator whose letters are
revoked, there shall be the same proceedings to make the proper executor
or administrator a party in the action, upon the suggestion of such
revocation, as in cases where a defendant has died pending an action.

As to abatement and revivor at law, see art. 75. sec. 25, et seq in equity,
see art. 16, sec. 1, et seq.

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