TESTAMENTARY LAW. 2885

said, in case the party be as aforesaid out of the State at the time of the
authentication or probate, and shall return as aforesaid; but letters of
administration after the expiration of the said six months may be granted
without such proceeding by summons against the executor so returning.
See notes to sec. 44.

An. Code, sec. 46. 1904, sec. 45. 1888, sec. 46. 1798, ch. 101, sub-ch. 3, sec. 6.

47. If there shall be more than one executor named in a will, there
may be the same proceedings with respect to each of them as if he were
the only executor named; and any circumstances under which letters of
administration may be granted, on failure of a sole-named executor, shall
authorize the granting of letters testamentary to one or more of the execu-
tors, on failure of one or more of the rest; and any circumstances under
which letters of administration may be granted, on failure of a sole-
named executor, shall authorize the granting of such letters of admin-
istration on failure of all the executors; and in no case where there are
several executors named in a will shall letters testamentary be granted
to one only, or to any number of them less than the whole, or shall letters
of administration be granted until there shall be such proceedings against
each of them failing as would authorize the issuing letters of administra-
tion in case of the failure of a sole-named executor.

The possession of one executor is possession of all. Montgomery v. Black, 4 H.
& McH. 391.

Where there are three executors and only one of them answers a petition, case
will be reversed on appeal for want of proper parties. Spencer v. Ragan, 9 Gill, 482.

One administrator is not liable for misconduct or negligence of his co-adminis-
trator unless he assents thereto. Entry of separate judgments against each of two
administrators of estate. Gardiner v. Hardey, 12 G. & J. 365.

A testator may appoint different executors in different countries, or for different
portions of his estate. Hunter v. Bryson, 5 G. & J. 483.

How the question of a failure to comply with this section must be raised. Kane v.
Paul, 14 Pet. 41.

See notes to sec. 44.

An. Code, sec. 47. 1904, sec. 46. 1888,. sec. 47. 1798, ch. 101, sub-ch. 3, sec. 7.

48. If any executor named in a will shall file or transmit to the or-
phans' court of the county wherein the will shall have been authenticated
or proved as aforesaid an attested renunciation in writing of his trust,
there may be the same proceedings with respect to granting letters tes£a-
mentary or of administration as if the party so renouncing had not been
named in the will; provided, nevertheless, that any executor named in a
will shall. be entitled, notwithstanding any failure or renunciation as
aforesaid, on filing a bond as aforesaid, before letters testamentary or of
administration shall actually be committed to another or others as afore-
said, to have letters testamentary granted to him, or to be included therein,
as the case may require.

This section referred to in deciding that a revocation is irrevocable after letters
granted—see notes to sec. 38. Stocksdale v. Conaway, 14 Md. 107.
See notes to sec. 44.