440

SETTLEMENT OP DECEDENTS' ESTATES. [ART. 50.

20 Md 72,
29 Md 24,
34 Md. 450.

Bond

executor, or each of the executors, shall execute a bond to the State
of Maryland, with two good securities, approved by the said register
or Orphans' Court, as the case may require, and in such penalty as
the said register or court may require, conditioned for the faithful
performance of the trust in him reposed as executor, to be lodged
and recorded in the said register's office, and subject to be put in
suit as hereinafter mentioned.

Id s 42
1798, c 101,
sub-c 3, s 2.
When letters
may be ob-
tained on at-
tested copy of
will.

50. If the executor, or all the executors named in a will who
have not renounced, shall in due time procure an attested copy of
the said will, and of the authentication or probate, under the seal
of the office where it was authenticated or proved, and shall produce
the same to the Orphans' Court, or in its recess to the register of
wills, in any county wherein is personal estate of the testator to be
administered, the said will and the authentication or probate thereof
shall be recorded, and letters testamentary may be granted to the
said executor, or all the executors not renouncing, by the said court,

Time within
which bond to
be filed

or in its recess by the register, at any time within forty days from
the date of the said copy on his or their executing a bond or bonds
as aforesaid, and in case of sickness of, or accident to, or reason-
able excuse made in behalf of any such executor, the said court or
register may allow a further time, not exceeding thirty days, for
filing such bond and taking such letters; but in no case shall letters
testamentary be granted in such county after the expiration of such
time allowed, or in any other county, except that wherein the will
was authenticated or proved, and it shall lie the duty of such ex-
ecutor to transmit to the court where the will was authenticated or
proved, a certificate under seal of the register of wills of the county
wherein letters testamentary shall have been granted, to show that
such letters have been granted.

Id s 43
1798, c 101,
sub-c 3, s 3.
Proceedings
when sole ex-
ecutor neglects
bond, though
present at
probate.

51. If there be only one executor, and he shall have been pres-
ent at the authentication or probate of the will, and shall not within
thirty days thereafter file a bond as aforesaid, or procure an attested
copy under seal as aforesaid, for the purpose of taking out letters
in another county, letters of administration with the copy of the
will annexed may be granted by the Orphans' Court of the county
wherein was the probate or authentication, to such person as they
might be granted to in case of intestacy; and if the said executor
so procuring an authenticated copy shall not obtain letters in some
other county within seventy days from the date of the copy, letters
of administration may be granted as aforesaid, by the Orphans'
Court of the county where the will was authenticated or proved;
and it shall not be incumbent on the parly applying for or taking
such letters of administration to show that letters testamentary
have not been obtained in some other county upon the copy afore-
said; but such letters of administration shall not be granted if it
shall be proved to the court, by affidavit or certificate under the
seal of office, or if they shall have reason to believe that such