442

SETTLEMENT OF DECEDENTS' ESTATES. [ART. 50.

each of them failing as would authorize the issuing letters of ad-
ministration in case of the failure of a sole named executor.

Id s 47.
1798, c 101,
sub-c 3, s 7
Proceedings
upon renounc-
ing executor.

55. If any executor named in a will shall file or transmit to the
Orphans' Court of the county wherein the will shall have been
authenticated or proved as aforesaid, an attested renunciation in
writing of his trust, there may be the same proceedings with respect
to granting letters testamentary or of administration, as if the party

Proviso.

so renouncing had not been named in the will; provided, neverthe-
less, that any executor named in a will shall be entitled, notwith-
standing any failure or renunciation as aforesaid, on filing a bond
as aforesaid, before letters testamentary or of administration shall
actually be committed to another or others as aforesaid, to have let-
ters testamentary granted to him, or to be included therein, as the
case may require.

Id s 48
1798, c 101,

sub-c 3, s 8

Executor not to
act without
letters

56. In case letters testamentary shall be granted to one or more
of the executors named in a will on failure of the rest, no executor
not named in said letters shall in any manner interfere with the ad-
ministration, or have any greater interest in the estate of the de-
ceased than if he had not been named in the will as executor; and
if letters of administration, with a copy of the will annexed, shall be
granted 110 executor therein named shall in any manner interfere
further with the administration, or have any greater interest in the
estate than if he had not been named as aforesaid; and no executor
named in a will shall, before letters testamentary he granted to him,
have any power to dispose of any part of the estate of the deceased,
or to interfere therewith further than is necessary to collect and

Arts done valid
after obtaining
letters

preserve the same; but any act of an executor named in a will done
before obtaining letters testamentary, shall, in case he shall after
wards obtain such letters, be as valid and effectual as if the said act

Sufficient in suit
by executor to
show grant
before trial
Certificate of
letters evidence.

had been done after obtaining such letters; and in case of a suit
commenced by such executor, it shall lie sufficient to produce the
said letters, or a certificate under the seal of the office where they
were obtained, that they have been granted to the party at any time
before the trial or final healing on such suit; and in any case what-
ever, where an exhibit of such letters testamentary or of administra-
tion would be good or available, a certificate as aforesaid shall also
be good and available.

Id R 49
1798, c 101,
sub-c 3 11
Condition of
bond by execu-
tor or adminis-
trator
38 Md 333

57. The condition of the bond given by an executor or adminis-
trator, shall be as follows: The condition of the above obligation is
such, that if the above bounden ———— shall well and truly perform
the office of executor of ————, late of ———— county, deceased,
according to law, and shall in all respects discharge the duties of
him required by law as executor aforesaid, without any injury or
damage to any person interested in the faithful performance of the
said office, then the above obligation shall be void; it is otherwise
to be in full force and virtue in law.

Id. s 50
1798, c 101,
sub-c. 3, s 12,

58. Every executor or administrator, after filing his bond, and
before letters shall be committed to him, shall be required to take