3386 ARTICLE 93

1929, ch. 341.

43. Any person residing in any other state which, by its laws denies
to residents of Maryland the right to act or to qualify as a personal repre-
sentative of a decedent resident of such state at the time of his death shall
not be appointed or allowed to qualify as the personal representative of a
decedent resident of this State at the time of his death. Nothing in this
section shall be construed to impair the validity of any appointment or
qualification antedating June 1, 1929, nor to affect in any way, any pro-
vision of law relating to the transfer of property in this State belonging
to decedents or beneficiaries in another state or country.
See sec. 80.

Administration by an Executor.

An. Code, 1924, sec. 42. 1912, see. 41. 1904, sec. 40. 1888, sec. 41. 1798, ch. 101, sub-ch. 3,
sec. 1. 1888, ch. 365. 1910, ch. 580 (p. 322).

44. Whenever any will or codicil shall have been authenticated or
proved as herein directed before the register of wills or orphans' court,
letters testamentary may forthwith be committed to the executor or execu-
tors named in said will or codicil; provided, the said executor or each
of the executors shall execute a bond to the State of Maryland, with two
sureties approved by the register or court in such penalty as the said
register or court may require, or with a surety corporation authorized by
the laws of this State to qualify upon such bonds, and whenever the surety
upon such bond is a corporation so authorized to qualify as such, the
amount of the penalty of such bond shall be fixed by the court or register
in an amount not exceeding the probable value of the property and assets
of the estate for which said executor or executors should account for and
be liable according to law, and nothing herein shall prevent the court or
register from increasing the penalty of any bond to such an amount as
they or he may see proper, for sufficient cause shown; and said bond shall
be conditioned for the faithful performance of the trust reposed in him
as executor, to be lodged and recorded in said register's office, and subject
to be put in suit as hereinafter mentioned; but whenever an executor is
excused by the testator from giving bond, then only such bond shall be
given in an amount as the court or register shall consider sufficient to
secure the payment of the debts, taxes, assessments due by the deceased;
and the said bond shall be conditioned accordingly; provided, that when-
ever any heir, distributee, legatee or devisee named in the will shall make
it appear to the court that any executor who has given bond only as is last
mentioned, is wasting the assets of the estate in his hands or that the said
assets are in danger of being lost, wasted or misappropriated, then, in
that case, the court shall require the said executor to increase the penalty
of his bond to such an amount as the court shall think proper, and on his
failure to increase the penalty of his bond as required by the court within
a time named by the order of the court, his letters testamentary shall be
revoked forthwith.

Assumption that penalty of bond fixed and approved, even if docket does not show;
where executor excused from giving bond, giving of general bond does not affect its
validity. State v. Talbott, 148 Md. 79.

A provision in a will that the executor be required to give nominal bond only is
equivalent to excusing him from giving bond. Neighbors v. Beck, 162 Md. 362.

In order to designate one as an executor, it is not necessary to use word "executor,"
but any words which substantially confer upon a person rights, powers and duties
of an executor amount to an appointment; grant of letters held improvident. Bowers
v. Cook, 124 Md. 569.