TESTAMENTARY LAW. 28Y9

Although a widow supposing that her husband died intestate renounces, upon
subsequent discovery of a will, she is entitled to notice under sec. 32 before letters
c. t. a. are granted. Brodie v. Mitchell, 85 Md. 518.

Under last clause of this section a male residuary legatee is preferred to a female
one, no matter how close latter may be related to testator. Who is a " residuary
legatee "? Henning v. Varner, 34 Md. 106.

An. Code, sec. 34. 1904, sec. 34. 1888, sec. 35. 1839, ch. 21, sec. 1. 1894, ch. 462.

1898, ch. 496.

35. No administration or letters testamentary on any will executed
after the 9th of April, 1898, shall be granted to any judge of the orphans'
court, or of the circuit court, or register of wills of the county where he is
judge or register of wills, unless he be next of kin or largest creditor.
Cited but not construed in Georgetown College v. Browne, 34 Md. 455.

An. Code, sec. 35. 1904, sec. 35. 1888, sec. 36. 1798, ch. 101, sub-ch. 5, sec. 4.

36. If administration shall be granted and a will for the disposition
of the personal estate of the deceased shall afterwards be proved accord-
ing to law, and an executor named therein shall apply for letters testa-
mentary within thirty days thereafter, and shall be capable, and shall exe-
cute a bond as herein directed, letters testamentary shall be accordingly
granted to him, and the same shall be construed as a revocation of the
letters of administration.

The grant of letters is a judgment in rem, and does not prove intestacy when
a will is offered for probate. Emmert v. Stouffer, 64 Md. 551.

This section makes no distinction between a foreign and domestic will, and in the
light of sec. 364, there is no reason for any such distinction. Dalrymple v.
Gamble, 66 Md. 305.

This section referred to in construing sec. 37—see notes thereto. Pacy v. Cosgrove
113 Md. 319.

Cited but not construed in Georgetown College v. Browne, 34 Md. 455: Kane v.
Paul, 14 Pet. 33.

See notes to see. 70.

An. Code, sec. 36. 1904, sec. 36. 1888, sec. 37. 1798, ch. 101, sub-ch. 5, sec. 4.

1802, ch. 101, sec. 6.

37. All acts done by any executor or administrator according to law,
before any actual or implied revocation of his letters, shall be valid and
effectual, and the executor or administrator obtaining letters after a revo-
cation shall thereby be authorized to prosecute any actions at law or in
equity commenced by the former executor or administrator, and obtain
judgment in his own name, and likewise to defend any suit commenced
against the former executor or administrator; and the new executor or
administrator shall have the benefit of all judgments obtained by the
former executor or administrator, and shall be bound by all judgments
obtained against him, unless the same shall be shown to have been ob-
tained by fraud and set aside by the court in which the judgment was
rendered upon such suggestion of fraud, either upon examination in a
summary way into the fact, or by directing an issue to try the same, or
unless the executor or administrator shall show to the court that there are
good grounds to open the judgment, in which case the court shall open the
judgment for future litigation; and with respect to the allowance of costs,
all such executors and administrators shall be on the same footing as if