2870 ARTICLE 93.

give bond although no bond was required by will; directions of will, however, should
be followed as far as that can safely be done. Where will directs property to be held
and invested by executors, court is not ordinarliy authorized to direct them to hold
as trustees. Smith v. Michael, 113 Md. 20.

This section contemplates an application by executor to orphans' court. Failure of
proof that court gave directions under this section. The court has no power by
virtue of this section to relieve executor of duties imposed by will. Hindman v.
State, 61 Md. 29. Cf. Gunther v. State, 31 Md. 29.

Design of this section. Mode of disposition for security is left to sound discretion
of court. Proper practice. Gunther v. State, 31 Md. 30.

For a full discussion of when this section applies and when it does not apply,
reviewing the Maryland cases, see Smith v. Michael, 113 Md. 14.

This section held to defeat an application to compel the statement of a final
account. Rieman v. Peters, 2 Md. 110.

As to duties of an executor somewhat analogous to those prescribed in this section,
see State v. Robinson, 57 Md. 495; Evans v. Iglehart, 6 G. & J. 196; Wootten v.
Burch, 2 Md. Ch. 190.

Cited but not construed in Goldsborough v. Martin, 41 Md. 505.

As to investments by guardians and administrators, see sec. 172, et seq., and sec. 251.

An. Code, sec. 11. 1904, sec. 11. 1888, sec. 11. 1816, ch. 203, sec. 3.

11. The administrator of a deceased administrator, who shall die be-
fore an account of his administration hath been rendered, shall render an
account, showing the amount of the assets received and the payments
made by his decedent; and the account shall, if found by the court to be
correct, be admitted to record as other administration accounts.

The cases provided for. by this section and secs. 73 and 74 are far from parallel to
case of rights of surviving executor against his co-executor. There is support,
however, for a contention that terms " executor " and " administrator " are used
interchangeably and that duties of executor or of a deceased co-executor are same
as those of administrator of deceased administrator. See notes to sec. 305. Crothers
v. Crothers, 121 Md. 118.

The obligation of a surviving executor to complete administration which has been
begun, does not come under this section. What commissions are allowed, and what
disallowed. Crothers v. Crothers, 123 Md. 606.

Purpose of this section. What an executor passing an account under this section
may do. The account should be passed on by court. Baker v. Bowie, 74 Md. 471;
Crothers v. Crothers, 121. Md, 118.

Where a petition against executor of a deceased executor alleges that latter failed
to account for certain money belonging to his decedent, his executor is bound to
account under this section, and orphans' court has power to compel him so to do
under sec. 245. Muncaster v. Muncaster, 23 Md. 288; Hignutt v. Cranor, 62 Md. 220.

The administrator of deceased administrator is required to account because there
is a privity, and a mediate representation of, and indebtedness to, the first deceased.
Hammond v. Hammond, 2 Bl. 349.

No action of courts can deprive administrator of deceased administrator of his
right to show payments made by his decedent. Payments will be allowed though
made prior to statement of a former account. Donaldson v. Raborg, 28 Md. 54.

A question of interest on money in hands of deceased administrator should be raised
by a preliminary proceeding under this section, and not under sec. 73. Limitations
and laches. Donaldson v. Raborg, 26 Md. 328. And see Donaldson v. Raborg, 28
Md. 53; Biays v. Roberts, 68 Md. 514. As to interest, see also Smithers v. Hooper,
23 Md. 286.....

An account passed by executor of an executrix after latter's death, held to be
unauthorized by act of 1816, ch. 203. Haslett v. Glenn, 7 H. & J. 23.

An. Code, sec. 12. 1904, sec. 12. 1888, sec. 12. 1829, ch. 216, sec. 2.

12. The husband of an administratrix who shall die before a final
account of her administration shall have been settled shall render such
account, showing thereby the amount of money and property received,