TESTAMENTARY LAW 3389

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-administrator
unless he assents thereto. Entry of separate judgments against each of two adminis-
trators 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.

Cited but not construed in Murray v. Hurst, 163 Md. 489..

See notes to sec. 46.

An. Code, 1924, sec. 48. 1912, sec. 47. 1904, sec. 46. 1888, sec. 47. 1798, ch. 101,

sub-ch. 3, sec. 7.

50. 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 testa-
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. 39. Stocksdale v. Conaway, 14 Md. 107.

See notes to sec. 46.

An. Code, 1924, sec. 49. 1912, sec. 48. 1904, sec. 47. 1888, see. 48. 1798, ch. 101,

sub-ch. 3, sec. 8.

51. 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