TESTAMENTARY LAW. 2887

As to the allowance of the cost of corporate surety bonds out of estate, see art.
24, sec. 10. Trust companies are not required to give bond as executor, adminis-
trator, etc.—art. 11, sec. 48.

An. Code, sec. 50. 1904, sec. 49. 1888, sec. 50. 1798, ch. 101, sub-ch. 3, sec. 12.
1844, ch. 184, sec. 6. 1844, ch. 237, sec. 6. 1847, ch. 230.

51. Every executor or administrator, after filing his bond, and before
letters shall be committed to him, shall be required to take the following
oath, to be administered by the register of wills or orphans' court: " I,
————, do swear that I will well and truly administer the goods, chattels,
personal estate and credits of ————, late of ———, deceased, to the best
of my knowledge, according to law; and will give a just account of my
administration when thereto I shall be lawfully called; and that I will
diligently and faithfully regard, and well and truly comply with the law
imposing a tax on the commissions allowed to executors and administrators,
and a tax on collateral inheritances, distributive shares and legacies, so
help me God." Which said oath shall be recorded by the register of wills.

An. Code, sec. 51. 1904, sec. 50. 1888, sec. 51. 1798, ch. 101, sub-ch. 3, sec. 13.

52. The following shall be the form of letters testamentary: Maryland,
ss: The State of Maryland to all persons to whom these presents shall
come, greeting:

Know ye, that the last will and testament of ————, of ————, deceased,
hath been in due form of law exhibited, proved and recorded in the office
of the register of wills for ————— county, a copy of which is to these
presents annexed, and administration of all the goods, chattels and credits
of the said deceased is hereby granted and committed unto ————, the
executor by the said will appointed. Witness, A. B., chief justice of the
orphans' court of ———— county, this ———— day of ————.
Test: C. D., register of wills for ———— county.

Where there is a certificate of register that letters testamentary were issued, fact
that they are not precisely in form, prescribed by this section does not invalidate or
affect proceedings of executors. Parker v. Leighton, 131 Md. 412.

Since this section provides that letters shall be under seal, if they are issued with-
out a seal, they are invalid and not admissible in evidence; defect not cured by
seal of court authenticating copy of will. Tuck v. Boone, 8 Gill, 190 (decided prior
to Codes of 1860 and 1888):

An. Code, sec. 52. 1904, sec. 51. 1888, sec. 52. 1798, ch. 101, sub-ch. 4, sec. 1.

53. If any person named as executor in a will shall be, at the time
when administration ought to be granted, under the age of eighteen years
or of unsound mind, incapable according to law of making a contract, or
convicted of any crime rendering him infamous according to law, or if any
person named as executor shall not be a citizen of the United States, letters
testamentary or of administration (as the case may require) may be
granted in the same manner as if such person had not been named in the
will.

The term " infamous crime " defined. Garitee v. Bond, 102 Md. 382.
An applicant for letters held not to be disqualified under this section. Stouffer v
Stouffer, 110 Md. 372.

This section referred to in discussing the question of when a female is of legal
age. Davis v. Jacquin, 5 H. & J. 110.
See notes to sec. 44.