ART. 93.] ADMINISTRATION BY AN EXECUTOR. 1327

Administration by an Executor.

P. G. L., (1860,) art. 93, sec. 41. 1798, ch 101, sub-ch. 8, sec. 1. 1882, ch. 385.

41. When any will or codicil shall have been authenticated or
proved as herein directed before the register of wills or orphans'
court, letters testamentary may forthwith be committed to the
executor or executors named in said will or codicil; provided, the
said executor or each of the executors shall execute a bond to the
State of Maryland, with two good sureties approved by the said
register or orphans' court, as the case may require, and in such
penalty as the said register or court may require, conditioned for
the faithful performance of the trust reposed in him as executor,
to be lodged and recorded in said register's office, and subject to be
put in suit as hereinafter mentioned; but whenever a testator shall
state in his will that he wishes that his executor shall be excused
from the necessity of giving bond for the performance of his
duties as executor, then and in such case the bond required of the

executor shall be in such penalty as the register or orphans' court
shall consider sufficient to secure the payment of the debts due by
the deceased, and all public taxes and assessments which may be
or become due on the property devised or bequeathed by the
testator, and on the commissions of the executor; and the said
bond shall be conditioned accordingly, and shall be in no other or
greater penalty; provided, that whenever any heir, distributee,
legatee or devisee named in a will shall make it appear to the
orphans' court that any executor who has given such bond only as
is last mentioned is wasting the assets of the estate, or that the

assets of the estate in the hands of such executor are in danger of
being lost, wasted or misappropriated, then, and in that case, the

court shall require the said executor to give bond with security in
a penalty sufficient to secure the interests of the heirs, distributees,
legatees and devisees, and conditioned accordingly; and on his
failure to give bond as required by the court, within a time
named by order of the court, his letters testamentary shall be
revoked forthwith.

Winchester v. Union Bank, 2 G. & J. 79. Hunter v Bryson, 5 G. & J. 483
Gibbons v. Riley, 7 Gill, 84. Ibid., 5 Md. 220. Cecil v. Negro Rose, 17 Md.
104. Cecil v. Clarke, 17 Md. 520, Lungren v. Swartzwelder, 44 Md. 482.

Ibid. sec. 42. 1798, ch. 101, sub-ch. 3, sec. 2.

42. If the executor, or all the executors named in a will who
lave not renounced, shall in due time procure an attested copy of