ART. 50. ] SETTLEMENT OF DECEDENTS' ESTATES.

letters testamentary have been granted in a county proper for grant-
ing them.

441

52. In case the said executor shall not have been present at the
authentication or probate, but shall have been within this State, a
summons may issue against him either at the instance of a person
interested, or ex officio by the Orphans' Court, or in their recess by
the register of wills of the county wherein the will was authenti-
cated or proved, returnable not less than twenty nor more than
sixty days from date; and if the summons shall he returned "sum-
moned, " and the executor shall not appear accordingly, or appear-
ing, shall not within twenty days thereafter file a bond as aforesaid,
or if two such summonses shall be returned non est, and the party
shall not appear according to the tenor of the second summons, or
appealing, shall not within twenty days thereafter file a bond as
aforesaid, letters of administration may be granted as aforesaid;
provided, nevertheless, that in case of sickness of or accident to
such executor, or reasonable excuse made in his behalf, the court
may at discretion allow a further time, not exceeding forty days
after such return or appearance, for filing such bond.

Id s 44
1798. c 101,
sub-c 3 s 4
Proceedings
when sole ex-
ecutor not pres-
ent at probate,
but within
State.

Proviso.

53. If the sole executor be out of the State at the time of au-
thentication or probate, and shall not within sis months thereafter
return and file a bond as aforesaid, letters of administration may
be granted as aforesaid, but in case the said executor be out of the
State, and shall return at any time before the expiration of the said
six months, there may be a summons and the same proceedings
thereon as if he had been in the State at the time of the authenti-
cation or probate, and upon the said proceedings letters of admin-
istration may be granted before the expiration of six months. But
it shall not be held necessary to proceed by summons as aforesaid,
in case the party be as aforesaid out of the State at the time of the
authentication or probate, and shall return as aforesaid; but letters
of administration after the expiration of the said six months may
be granted without such proceeding, by summons against the ex-
ecutor so returning.

Id s 45
1798, c 101,
sub-c 3, s 5
Proceedings
where sole ex-
ecutor not pres-
ent at probate,
and out of
Slate

54. If there shall be more than one executor named in a will,
there may be the same proceedings with respect to each of them as
if he were the only executor named; and any circumstances under
which letters of administration may be granted, on failure of a sole
named executor, shall authorize the granting letters testamentary
to one or more of the executors, on failure of one or more of the
rest: and any circumstances under which letters of administration
may be granted, on failure of a sole named executor, shall authorize
the granting of such letters of administration on failure of all the
executors; and in no case where there are several executors named
in a will, shall letters testamentary be granted to one only, or to
any number of them less than the whole, or shall letters of ad-
ministration be granted until there shall be such proceedings against

Id s 46
1798, c. 101,
sub-c 3, s 6
Proceedings
when more than
one executor.