446

SETTLEMENT OF DECEDENTS' ESTATES. [ART. 50.

Id s 37
1798, c 101,
sub-c5, s 4
1802, c 101 s 6
Acts of admin-
istrator before
revocation
valid

75. All acts done by any executor or administrator according to
law, before any actual or implied revocation of his letters, shall be
valid and effectual, and the executor or administrator obtaining
letters after a revocation, shall thereby be authorized to prosecute
any actions at law or equity, commenced by the former executor or
administrator, and obtain judgment in his own name, and likewise to
defend any suit commenced against the former executor or adminis-
trator, and the new executor or administrator shall have the benefit
of all judgments obtained by the former executor or administrator,
and shall he bound by all judgments obtained against him, unless
the same shall be shown to have been obtained by fraud, and set
aside by the court in which the judgment was rendered, upon such
suggestion of fraud, either upon examination in a summary way
into the fact, or by directing an issue to try the same, or unless the
executor or administrator shall show to the court that there are
good grounds to open the judgment, in which case the court shall
open the judgment for future litigation, and with respect to the
allowance of costs, all such executors and administrators shall be
on the same footing as if letters testamentary or of administration
had not been granted, and the same rules in making such executor
or administrator plaintiff or defendant, shall he observed as, directed
for making new parties in cases where a party dies

Id s 39
1798, c 101,
sub-c 3, ss 10, 11
Bond to be
given before
grant of ad-
ministration.
33 Md 338

76. Every administrator shall, before administration shall be
granted to him, execute a bond to the State of Maryland with at
least two sureties approved by the court or register, and in a penalty
by them or him prescribed with the same condition annexed as
herein prescribed for the bond of an executor, and the said bond
shall be recorded and be liable to be sued, and be in all respects on
the same footing as an executor's bond, and any person conceiving
himself interested shall be entitled to a copy of said bond under
seal, which copy shall be evidence.

Id s 40
1798, c 101,
sub-c 3 s 12
Oath of admin-
istrator.

77. Every administrator shall take the oath herein prescribed
for an executor, before administration shall be granted to him.

Art 93, s 18
1798, c 101,
sub c 5, s 10.
Order in which
persons entitled
to administra-
tion
11 Md 416.

Id s 19
1798, c 101,

Sub-C 5, 8 11.

Same

THE PERSONS ENTITLED TO ADMINISTRATION.

78. If the intestate leave a widow and a child, or children, ad-
ministration at the discretion of the court shall be granted either to
the widow or child, or one of the children
79. If there be a widow and no child, the widow shall be pre-
ferred, and next to the widow or children, a grandchild shall be
preferred.

id a 20
1798, c 101,
sub-c 5, s 12.
Same
27 Md 391.
Id 8 21
1798, c 101,

sub-c 5, s 13.

80. If there be neither widow, nor child, nor grandchild, the
father shall be preferred.
81. If there be neither widow, nor child, nor grandchild, nor
father, brothers and sisters shall be preferred, and next to brothers
and sisters, the mother shall be preferred.

Id s 22.

82. If there be neither widow, nor child, nor grandchild, nor