448

SETTLEMENT OF DECEDENTS' ESTATES. [ART. 50.

brother, sister, or mother, shall be considered as entitled, unless
they shall apply for the same.

Id s 34
1798, c 101,
sub-c 5, s 24
Before whom
residuary lega-
tee entitled
34 Md. 102, 460.

94. If letters of administration are to be granted, with a copy of
the will annexed, and there be a residuary legatee or legatees in
such will, he or they shall be preferred to all except a widow, and it
shall be incumbent on the court to proceed in the manner directed
by law with respect to executors within the State, before adminis-
tration shall be granted to any other person, and a male residuary
legatee shall be preferred to a female.

Id s 35
1839, c 21, 8 1
Who shall not
administer.

95. No administration shall be granted to any judge of the Or-
phans' Court, or of the Circuit Court, or register of wills of the
county where he is judge or register, unless he be next of kin or
largest creditor.

1874, c 402.
Proceedings
upon the de-
clining of letters
by persons en-
titled, and upon
the resigning of
those who bad
accepted.

96, If any person entitled to administration, shall deliver or
transmit to the Orphans' Court a declaration in writing, that he is
willing to decline the trust, the court shall proceed as if such per-
son were not entitled, and in any case in which letters testamentary,
or of administration, have been or may hereafter be granted to any
person, either as sole executor or administrator, or as executor or
administrator to act in conjunction with another person, or with
other persons, and such executor or administrator shall be desirous
to retire from and resign such appointment, after he shall have ac-
cepted the same, said executor or administrator may exhibit his pe-
tition, ex parte, in the court by which said letters were granted,
accompanied by a full and particular account under oath of his or
her receipts and disbursements, if any, as such executor or admin-
istrator, and the said court, upon the filing of such petition and ac-
counts, shall have jurisdiction in the premises, and shall cause notice
to be given by publication in one or more papers of the city or
county where such letters were granted, and for such time as the
said court may deem proper, of the filing of said petition, and if no
good cause shall be shown to the contrary, by the. day that may be
limited iii that behalf in said notice, the said court shall release and
discharge the said executor or administrator from the further per-
formance of the duties of said appointment, and may pass such order
as to costs and commissions, and impose such terms in other re-

Proviso.

spects, as the nature of the case may require; provided, that such
executor or administrator and his sureties, shall not by such dis-
charge be released from liability to any person in interest for past
acts, defaults, or omission of duty.

ADMINISTRATION BY COLLECTOR.

Art 93, s 601
1798, c 101,
sub-c 3, s 14
When letters
ad colligendum
to be granted
4 Md 444.

97. Letters ad colligendum may be granted by the Orphans'
Court of the county in winch the will was proved or authenticated,
or where letters of administration ought to be granted in cases of
delay on account of absence from the State of an executor, a con-
test relative to the will, or right of administration, or the absence