3396 ARTICLE 93

tion shall operate as a revocation of such administration durante minori-
taie, or pendente lite. And upon such revocation, it shall be the duty of
every administrator durante minoritate, or pendente lite, to exhibit to the
orphans' court his accounts without delay, and to deliver to the executor
or administrator, on demand, all the goods, chattels and personal estate
in his possession belonging to the decedent; and on failure, his bond shall
be liable to be put in suit by the executor or administrator; but all suits
pending by or against any such administrator may be prosecuted or
defended by the executor or administrator appointed to succeed him, in
the same manner as hereinbefore provided where letters of administration
have been revoked by the production of a will, and the grant of letters
testamentary.

The duties of an administrator pendente lite are not co-extensive with those of an
ordinary administrator; he cannot distribute and his letters are revoked by granting
of letters testamentary or of administration. Having granted letters under a mistake
of fact, or in ignorance of existence of a paper purporting to be a will, orphans' court
may revoke them. Letters should have been revoked. Burgess v. Boswell, 139 Md. 67R.

This section referred to in construing sec. 72—see notes thereto. Baldwin v. Mitchell,
86 Md. 380. And see Warfield v. Valentine, 130 Md. 592.

See notes to sec. 72.

Administration de Bonis Non.

An. Code, 1924, sec. 71. 1912, sec. 70. 1904, sec. 69. 1888, sec. 70. 1798, ch. 101,

sub-chs. 5, 14, secs. 2, 6.

74. If an executor or administrator shall die before administration is
completed, letters de bonis non or de bonis non cum testamento annexo
may be granted at the discretion of the court, giving preference, however,
to the person entitled if he shall actually apply for the same; and the form
of the letters shall be as hereinbefore directed, except that the words "not
already administered" shall be added in their proper place; and the
authority conferred thereby shall be to administer all things herein de-
scribed as assets, not converted into money and not distributed and deliv-
ered or retained by the executor or former administrator, under the
court's direction.

When administrator d. b. n. will be appointed.

Proceedings commenced by next of kin do not abate by death of administrator and
appointment of party filing petition as administrator d. b. n., nor disqualify him
from prosecuting in his own right what was begun as next of kin. Fulford v. Fulford,
153 Md. 89.

Since distributees can only get title through an administration, an administrator
d. b. n. will be appointed although estate has been entirely closed except to distribute.
Smith v. Dennis, 33 Md. 449; Lawson v. Burgee, 121 Md. 208.

As to when letters d. b. n. will be granted, see also Woelfel v. Evans, 74 Md. 350;
Myers v. Forbes, 74 Md. 362; Smith v. Dennis, 33 Md. 449; Scott v. Fox, 14 Md.
388; Alexander v. Stewart, 8 G. & J. 226. Cf. Myers v. Safe Deposit Co., 73 Md. 424;
Lawson v. Burgee, 121 Md. 208.

Powers of administrator d. b. n.

To administrator d. b. n. is committed only administration of property which
remains in specie. He has nothing to do with assets wasted, misapplied or converted,
and hence cannot sue for a devastavit. Morrow v. Fidelity Co., 100 Md. 262; Sibley
v Williams, 3 G. & J. 63; Neale v. Hagthrop, 3 Bl. 563; Hagthorp v. Neale, 7 G. & J.
13; Hagthorp v. Hook, 1 G. & J. 274; United States v. Walker, 109 U. S. 258. And
see Ingle v. Jones, 9 Wall, 486.

Where a will confers a power to sell real estate upon executor, administrator d. b. n.,
c. t. a. succeeds to power of sale under sec. 302; contra, however, if executor dies
before testator, and hence power of sale never vests. If nothing remains to be done
to complete administration, letters d. b. n. are nugatory. Wilcoxon v. Reese, 63 Md. 545.

Generally.

When an administration in orphans' court by an administrator d. b. n., c. t. a.
is necessary to confer title upon a legatee. Jurisdiction of equity. Property in-