ART. 93.] ADMINISTRATION. 1325

to prosecute any actions at law or in 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 administrator; and the new executor or
administrator shall have the benefit of all judgments obtained by
the former executor or administrator, and shall be 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 ad-
ministrator shall show to the court that there are good grounds to
open the judgment, in which case the court shall open the judg-
ment 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 be observed as
directed for making new parties in cases where a party dies.

P. G. L., (1860,) art. 93, sec. 38. 1798, ch. 101. sub-ch. 14, sec. 1. 1874, ch. 402,

38. 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 testamen-
tary 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 accepted the same, said executor or administrator
may exhibit his pstition 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 administrator; and the said court upon the filing of
such petition and accounts 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