2884 ARTICLE 93.

letters of administration to show that letters testamentary have not been
obtained in some other county upon the copy aforesaid; but such letters
of administration shall not be granted if it shall be proved to the court, by
affidavit or certificate under the seal of office, or if they shall have reason
to believe that such letters testamentary have been granted in a county
proper for granting them.

Letters held to have been improperly revoked under this section and secs. 45, 46
and 47, inasmuch as a motion to revoke letters must be filed within same time after
applicant has knowledge that they have been granted as that provided by law within
which an application for letters must be made; application for revocation held too
late. Bowers v. Cook, 124 Md. 570.

An application for revocation of letters need not be filed withia thirty days from
grant of such letters, but within time, after knowledge of order granting letters,
provided by law within which original application for letters may be made. Burgess v.
Boswell, 139 Md. 680; Edwards v. Bruce, 8 Md. 397. Cf. Stocksdale v. Conaway, 14
Md. 107.

This section referred to in construing sec. 34—see notes thereto. Georgetown
College v. Browne, 34 Md. 457.
See notes to sec. 45.

An. Code, sec. 44. 1904, sec. 43. 1888, sec. 44. 1798, ch. 101, sub-ch. 3, sec. 4.

45. In case the said executor shall not have been present at the au-
thentication or probate, but shall have been within this State, a summons
may issue against him, either at the instance of a person interested, or ex
officio by the orphans' court, or in their recess by the register of wills
of the county wherein the will was authenticated or proved, returnable
not less than twenty nor more than sixty days from date; and if the sum-
mons shall be returned " summoned," and the executor shall not appear
accordingly, or appearing, shall not within twenty days thereafter file a
bond as aforesaid, or if two such summonses shall be returned " non est,"
and the party shall not appear according to the tenor of the second sum-
mons, or appearing, shall not within twenty days thereafter file a bond as
aforesaid, letters of administration may be granted as aforesaid; pro-
vided, nevertheless, that in case of sickness of, or accident to such execu-
tor, or reasonable excuse made in his behalf, the court may at discretion
allow a further time, not exceeding forty days after such return or ap-
pearance, for filing such bond.

Where there is no evidence that the executrix was present at the probate, or was

summoned, or was out of state, or had been declared a lunatic, letters are improperly

granted to another. Wheeler v. Stifler, 82 Md. 648.
See notes to sec. 44:

An. Code, sec. 45. 1904, sec. 44. 1888, sec. 45. 1798, ch. 101, sub-ch. 3, sec. 5.

46. If the sole executor be out of the State at the time of authenti-
cation or probate, and shall not within six months thereafter return and
file a bond as aforesaid, letters of administration may be granted as afore-
said ; but in case the said executor be out of the State, and shall return at
any time before the expiration of the said six months, there may be a sum-
mons and the same proceedings thereon as if he had been in the State at
the time of the authentication or probate; and upon the said proceedings
letters of administration may be granted before the expiration of six
months. But it shall not be held necessary to proceed by summons as afore-