CHANCERY. 77
267.

Co-executors are in law one individual person; the acts of one relative to
administration are acts of all, and possession of one is possession of all. Powers
and duties of executors which remain unexecuted and unfulfilled pass to sur-
viving executor. Rights of surviving executor against executor of his co-execu-
tor. Crothers v. Crothers, 121 Md. 118.

See notes to art. 93, sec. 11.

Art. 93, sec. 305, which was identical with this section, has been repealed.

1929, ch. 501.

267A. Whenever in any will, deed or other instrument executed after
July 1, 1929, real or personal property is given to a trustee with or with-
out a personal or discretionary power of sale or investment of any assets
of the trust estate, any person having under the will, deed or other instru-
ment an interest in the trust estate shall be entitled to have the trust estate
administered under the supervision of a court of equity, and may apply to
the court to assume jurisdiction thereof, and the court shall thereupon
assume jurisdiction over the entire trust estate or such part thereof as it
may deem proper, unless a contrary intention be expressly stated in the
instrument creating the trust; and the court may thereafter, if it deems
proper, require that all persons interested be made parties to the proceed-

Witnesses and Testimony.

An. Code. 1924, sec. 269. 1912, sec. 252. 1904, sec. 234. 1888, sec. 216.
Rule 34. 1929, ch. 489.

269. Except where testimony is to be taken beyond the limits of the
State, or beyond the limits of the county or city for which the Court
exercises jurisdiction, no commissions to take testimony shall issue. The
Circuit Court for each of the counties, and the Supreme Bench of Balti-
more City shall each appoint two or three experienced and competent ex-
aminers, who shall, upon qualification, be officers of the Court; and for any
special reason, a special examiner may be appointed; provided that the Cir-
cuit Court for Prince George's County may appoint four such examiners.
These examiners shall have authority to issue subpoenas for witnesses, ad-
minister oaths, notify parties of the time of their sittings, and to preserve
order and decorum during their sessions. Any person refusing to obey
subpoenas issued by such examiners, or who shall be guilty of violating the
order and proper decorum of the sessions of said examiners while in the
discharge of their duties shall be reported by the examiners, together with
the facts of the case, to the Court; and upon hearing, the Court, if satis-
fied of the facts as reported, and that the party was guilty of the matter
charged, shall punish the party so offending. Such examiners shall be
entitled to receive four dollars per day, for each and every day actually
employed; to be paid by the party at whose instance the service may have
been rendered. And it shall be the duty of such examiners, in malting
their returns to the Court, in each case, to certify the time that they have
been actually employed, and at whose instance, and the amount taxable
to each party for services rendered.