ART. 50. ] SETTLEMENT OF DECEDENTS' ESTATES.

451

suits pending by or against any such administrator, may be prose-
cuted or defended by the executor or administrator appointed to
succeed them, in the same manner as hereinbefore provided where
letters of administration have been revoked by the production of a
will and the grant of letters testamentary

ADMINISTRATOR DE BONIS NON.

All suits to
continue

107. If an executor or administrator shall die before adminis-
tration is completed, letters de boms non, or de boms non cum,
testamento annexo, may be granted at the discretion of the court,
gi\ing preference, however, to the person entitled, if he shall ac-
tually apply for the same; and the form of the letters shall be as
hereinbefore directed, except that the words " not already adminis-
tered " be added in their proper place, and the authority conferred
thereby shall be to administer all things herein described as assets,
not converted into money and not distributed and delivered or re-
tained by the executor or former administrator, under the court's
direction.

Art 93, s 70
1798, c 101,
sub-cs 5-14, ss
2-6
Administration
de bonis non,
when granted
14 Md 388. 28
Md 408, 33 Md
442, 37 Md 264
Form of letters.
. Authority con-
ferred

108. In no case shall the executor of an executor be entitled as
executor to administration de boms nun of the first deceased.
109 The court shall, on the application of an administrator de
boms non, order the administrator of a deceased administrator to
deliver over to him all the bonds, notes, accounts, and evidences of
debt which the deceased administrator may have taken, received, or
had as administrator, at the time of his death, and also to pay over
to him the money in his hands as such, on or before a certain day;
and upon proof of the service of such order and the neglect or re-
fusal of the administrator to comply therewith by the time therein
specified, the court may Older the bond of the deceased adminis-
trator, or of the administrator so refusing, or both of them, to be
put in suit by the administrator de bonis non.

Id s. 71
1820 c 174, s 3
To whom nut to
be granted
Id s. 72
1820, c 174, s 3
Proceedings to
enforce delivery
of property
26 Md 312,
28 Md 53, 47
Md 559.

110. The administrator of the deceased administrator shall re-
turn upon oath to the court, on or before the day named in the order
aforesaid, a list of the notes, bonds, accounts, and money aforesaid,
as far as he can ascertain the same; and they shall, when collected,
or the money paid over to him, be assets in the hands of the ad-
ministrator de boms non, to be accounted for by him as such.

Id s 73
1820, c 174, ss
4, 5
Administrator
of deceased
administrator
to make return
14 Md 888,
47 Md 559

111. If the administrator of a deceased administrator shall
return such list, he shall be entitled to retain out of the money,
bonds, notes, and accounts, such commission as the court shall, in
their discretion, allow, not exceeding ten per cent, on the principal
inventory, to be accounted for by him in the settlement of the estate

Id s 74
1820, c 174, a 6.
Commissions of
administrator
making return.
47 Md 559

of his decedent. And if he refuse or neglect to return such list, no
deduction shall be made on account of such commission from the
damages to be recovered by the administrator de bonis non, but
he shall be bound to account for the commission, so lost by his de-
fault, in the settlement of his decedent's estate, or his bond shall be
liable to be sued therefor.

On failure to
return not
allowed.