2886 ARTICLE 93.

An. Code, sec. 48. 1904, sec. 47. 1888, sec. 48. 1798, ch. 101, sub-ch. 3, sec. 8.

49. In case letters testamentary shall be granted to one or more of the
executors named in a will, on failure of the rest, no executor not named in
said letters shall in any manner interfere with the administration, or
have any greater interest in the estate of the deceased than if he had not
been named in the will as executor; and if letters of administration, with
a copy of the will annexed, shall be granted, no executor therein named
shall in any manner interfere further with the administration, or have
any greater interest in the estate than if he had not been named as afore-
said; and no executor named in a will shall, before letters testamentary
be granted to him, have any power to dispose of any part of the estate of
the deceased, or to interfere therewith further than is necessary to .collect
and preserve the same; but any act of an executor named in a will done
before obtaining letters testamentary shall, in case he shall afterwards
obtain such letters, be as valid and effectual as if the said act had been
done after obtaining such letters; and in case of a suit commenced by
such executor, it shall be sufficient to produce the said letters, or a certifi-
cate, under the seal of the office where they were obtained, that they have
been granted to the party at any time before the trial or final hearing on
such suit; and in any case whatever, where an exhibit of such letters
testamentary or of administration would be good or available, a certificate
as aforesaid shall also be good and available.

An. Code, sec. 49. 1904, sec. 48. 1888, sec. 49. 1798, ch. 101, sub-ch. 3, sec. 11.

50. The condition of the bond given by an executor or administra-
tor shall be as follows: The condition of the above obligation is such, that
if the above bounden ———— shall well and truly perform the office of
executor of ————, late of ———— county, deceased, according to law,
and shall in all respects discharge the duties of him required by law as
executor aforesaid without any injury or damage to any person interested
in the faithful performance of the said office, then the above obligation
shall be void; it is otherwise to be in full force and virtue in law.

If executor fails to pay legacy after lapse of thirteen months his bond is
liable to suit without order of court. Unnecessary allegation. State v. Wilson, 38
Md. 342.

A substantial following of this section in bond is all that is required. Waters v.
Riley, 2 H. & G. 312 (dissenting opinion). Cf. Howard County v. Hill, 88 Md. 121.

Although a bond is not in words prescribed by this section, if a part of the con-
dition of bond is that administrator shall faithfully pay all just claims, a demurrer
to a suit on bond for non-payment of claim, will be overruled. Hamilton v.
State, 3 H. & J. 503. Cf. Howard County v. Hill, 88 Md. 121.

All bonds given by an executor or administrator to secure payment of debts and
legacies and administration of assets, are testamentary or administration bonds
within meaning of art. 57, sec. 3. State v. Boyd, 2 G. & J. 373. Cf. State v.
Snowden, 7 G. & J. 433.

The action of detinue held not to come within the condition of an administration
bond. Hecking v. Howard, 3 H. & McH. 203.

For a bond stated to be in conformity with this section, see Alexander v. Fidelity
and Deposit Co., 108 Md. 543.

See notes to sec. 39. See also sec. 107.

The bond of an executor is liable for the collateral inheritance tax—art, 81, sec.
140, et seq.

As to counter and new security, see art. 90, secs. 1 and 2.