TESTAMENTARY LAW 3453

decedent were dead, shall cause to be advertised in a newspaper published
in the county, or the City of Baltimore, as the case may be, once a week
for four successive weeks, the fact of such application, together with
notice that on a certain day, at least two weeks after the last advertise-
ment, the court will hear evidence concerning the alleged absence of the
supposed decedent and the circumstances and duration thereof, (b) At
the hearing the court shall take evidence for the purpose of ascertaining
whether the presumption of death is established, and, if satisfied thereof,
shall pass an order so adjudging and forthwith cause notice thereof to be
inserted for two successive weeks in a newspaper published in the county
or City of Baltimore, as the case may be, and also, when practicable, in a
newspaper published at or near the place beyond the State where, when
last heard from, the supposed decedent had his residence. The notice
shall require the supposed decedent, if alive, or any other person for him, to
produce to the court within twelve weeks from the date of its last insertion,
satisfactory evidence of his continuance of life, (c) If, within said
period of twelve weeks, evidence satisfactory to the court of such con-
tinuance in life be not forthcoming, the court shall direct probate and
letters testamentary or of administration, as the case may require, to
issue, and such grant shall be as valid as if the supposed decedent were
actually dead, (d) The court may revoke such letters at any time on
due and satisfactory proof that the supposed decedent is in fact alive,
after which revocation all powers of the executor or administrator shall
cease, but all receipts or disbursements and other acts previously done by
him shall remain as valid as if the letters were unrevoked; and the
executor or administrator shall settle an account of his administration to
the time of revocation and transfer all assets remaining in his hands to
the person as whose executor or administrator he acted, or his duly
authorized agent or attorney; provided, that nothing contained in this
section shall validate the title of any person to any money or property
received as widow, next of kin or distributee of the supposed decedent,
but the same may be recovered from such person in any case where
recovery might be had if this section had not been passed, (e) Before
any distribution of the proceeds of the estate of such supposed decedent,
the persons entitled thereto, shall respectively give bond with adequate
security, to be approved by the court, in such sum and form as it shall
direct, conditioned that if the supposed decedent shall in fact be at the
time alive, they will respectively on demand refund the amounts received
by each with interest thereon. If any such person is unable to furnish
the security, the money shall be safely invested under the direction of the
court, the accruing interest to be paid to the person entitled, the money
to remain invested until the security is given, or the court, on application,
shall order it paid to the person entitled, (f) After revocation of letters
the person erroneously supposed to be dead may, on suggestion filed of
record of the proper fact, be substituted as plaintiff in all actions brought
by the executor or administrator, at any stage of proceedings, before or
after judgment. He may, in actions previously brought against such
representative, be substituted as defendant, upon like suggestion by him-
self or the plaintiff, and shall be then entitled to a reasonable time in
which to prepare for trial. Judgments recovered against the executor or
administrator may be opened on application of the supposed decedent
made within three months from the date of revocation, supported by
affidavit, specifically denying the alleged indebtedness or cause of action;