TESTAMENTARY LAW 3463

and also pay over to such new administrator or remaining executor or
administrator of the decedent all the money due to him as executor or ad-
ministrator of the decedent, the court may compel the delivery and pay-
ment over as aforesaid by attachment and sequestration of the property
of the party whose letters may be revoked, and may also direct to be put
in suit the administration or testamentary bond of such executor or ad-
ministrator whose letters have been revoked.

This section construed in connection with sec. 363. Where administrator e. t. a. is
directed to sue bond, he can recover all property and money which the former adminis-
trator has in his hands, and also all which he has wasted or converted. Stockbridge v.
Smith, 04 Md. 106.

Where letters are revoked and there are no relations in state entitled to notice under
sec. 33, new letters may be granted on the same day. As to relations not entitled to
notice and creditors, the matter of time within which new appointment is made is
within discretion of court. McGuire v. Rogers, 71 Md. 589.

A declaration in a suit on a bond under this section must allege that the court order
the bond to be put in suit. Dittman v. Robinson, 57 Md. 497.

Cited but not construed in Marbury v. Ward, 163 Md. 334; Blum v. Fox, 173 Md. 534.

See notes to sec. 252.

An. Code, 1924, sec. 258. 1912, sec. 249. 1904, sec. 248. 1888, sec. 244. 1821, ch. 156, sec. 1.

259. In all cases where special acts of assembly have been passed au-
thorizing any orphans' court to appoint a trustee to sell and dispose of
real estate, the property of minors, and the trustee appointed hath died or
removed without completing his trust, the orphans' court of the proper
county shall appoint another trustee to carry into effect the provisions of
the particular act.

An. Code, 1924, sec. 259. 1912, sec. 250. 1904, sec. 249. 1888, sec. 245. 1821, ch. 156, sec. 2.

260. The course of proceedings shall be regulated in each case in which
proceedings may be had under the preceding section, by the provisions
of the particular act under which a trustee has been appointed, who has
died or removed without fully executing and completing his trust.

An. Code, 1924, sec. 260. 1912, sec. 251. 1904, sec. 250. 1888, sec. 246. 1802, ch. 101, sec. 6.

261. If letters testamentary or of administration shall be revoked by
the orphans' court and new letters granted, pending any action at law or
in equity against the executor or administrator whose letters are revoked,
there shall be the same proceedings to make the proper executor or ad-
ministrator a party in the action, upon the suggestion of such revocation,
as in cases where a defendant has died pending an action.

As to abatement and revivor at law, see art. 75, sec. 29, et seq.; in equity, see art. 16,
sec. 1, et seq.

An. Code, 1924, sec. 261. 1912, sec. 252. 1904, sec. 251. 1888, sec. 247. 1802, ch. 101, sec. 6.

262. If in the case mentioned in the preceding section, there has been
a judgment rendered previous to the revocation of the letters, a scire facias
shall issue upon such judgment against the proper executor or adminis-
trator, suggesting the revocation of the letters of the former executor or
administrator, and there shall be the same proceedings as in ordinary cases
against executors and administrators.

An. Code, 1924, sec. 262. 1912, sec. 253. 1904, sec. 252. 1888, sec. 248. 1802, ch. 101, sec. 7.

263. If a judgment shall be obtained against an executor or admin-
istrator who has been made a party to a suit in the place of an executor