3462 ARTICLE 93

tors or administrators shall have remedy by an action on the case for the
recovery of any loss or damage they may be subject to or suffer by the
executor or administrator whose powers shall have been revoked as afore-
said.

When proceedings in Orphans' Court by an executor against co-executor for latter's
removal become plenary, the petitioner has the right to have issues sent to a court
of law under Secs. 204 and 265. Flaks v. Flaks, 173 Md. 358.

One executor cannot sue his co-executor. If loss is apprehended from conduct of
the co-executor, this section sets forth the remedy. Beall v. Hilleary, 1 Md. 197; Hesson
v. Hesson, 14 Md. 14.

This section has no application to a petition by an executor asking that an account
stated by his co-executors prior to expiration of time within which creditors might
file their claims, and without notice to petitioner, be set aside. Yakel v. Yakel, 96
Md. 244.

This section applies only to proceedings by one joint administrator or executor against
another. Linthicum v. Polk, 93 Md. 94.

An appeal lies from action of court in revoking letters under this section. This section
distinguished from sec. 251. (See also art. 5, sec. 64.) Magill v. MeEvoy, 85 Md. 290;
Forney v. Shriner, 60 Md. 421; Stake v. Stake, 138 Md. 54.

See notes to sec. 236.

1937, ch. 443.

256. The Orphans' Court may, upon the suggestion of any party in
interest, including a creditor, or of the Register of Wills, remove an Execu-
tor, Administrator or Guardian, who shall have left the State and have
failed in any of his duties required to be performed by him as such Execu-
tor, Administrator or Guardian; provided, however, that no order to this
effect shall be passed until after two non ests to a citation to appear in
court and to show cause and provided further, that copies of each of the
two notices to appear, shall be sent to such Executor, Administrator or
Guardian by registered mail, to his last known address.

An. Code, 1924, sec. 256. 1912, sec. 247. 1904, sec. 246. 1888, sec. 242. 1831, ch. 315, sec. 6.

257. Whenever the orphans' court shall revoke letters testamentary or
of administration or of guardianship, it shall be the duty of the party
whose letters or guardianship may be revoked forthwith to render to such
court an account of his administration or guardianship up to the period
of the rendition of such account; and in case he shall fail to do so within
the time fixed by such court, the court may compel the rendition of such
account by attachment, sequestration of property and imprisonment of the
party so failing, until such account shall be rendered as aforesaid.

This section referred to in construing sec. 235—see notes thereto. Kealhofer v. Emmert,
79 Md. 251.

Cited but not construed in Marbury v. Ward, 163 Md. 334; Blum v. Fox, 173 Md. 531.

Cited in construing Sec. 255. Flaks v. Flaks, 173 Md. 365.

See notes to sec. 252.

An. Code, 1924, sec. 257. 1912, sec. 248. 1904, sec. 247. 1888, sec. 243. 1831, ch. 315, sec. 7.

258. When any orphans' court shall revoke any letters testamentary
or of administration, and there be no remaining executor or administra-
tor, it shall be the duty of the court to appoint a new administrator; and
if the party whose letters testamentary or of administration may be re-
voked shall not, within a reasonable time to be fixed by the court, deliver
over to such new administrator, or to the remaining executor or adminis-
trator, as the case may be, all the property of the deceased remaining in
his hands unadministered, and also all the books, bonds, notes and evi-
dences of debt or funds, and all title to property or stocks which belong
to or are due, or which may become due to the decedent, in his possession,