1328 TESTAMENTARY LAW. [ART. 93.

the said will, and of the authentication or probate, under the
seal of the office where it was authenticated or proved, and shall
produce the same to the orphans' court, or in its recess to the
register of wills, in any county wherein is personal estate of the
testator to be administered, the said will and the authentication
or probate thereof shall be recorded, and letters testamentary
may be granted to the said executor, or all the executors not.
renouncing, by the said court, or in its recess by the register, at
any time within forty days from the date of the said copy, on
his or their executing a bond or bonds as aforesaid; and in case
of sickness of, or accident to, or reasonable excuse made in behalf
of any such executor, the said court or register may allow a
further time, not exceeding thirty days, for filing such bond and
taking such letters; but in no case shall letters testamentary be
granted in such county after the expiration of such time allowed,
or in any other county, except that wherein the will was authen-
ticated or proved; and it shall be the duty of such executor to
transmit to the court where the will was authenticated or proved,
a certificate under-seal of the register of wills of the county
wherein letters testamentary shall have been granted, to show
that such letters have been granted.

P. G. L., (1860,) art. 93, sec. 43. 1798, ch. 101, sub-ch. 3, sec. 8.

43. If there be only one executor, and he shall have been,
present at the authentication or probate of the will, and shall
not within thirty days thereafter file a bond as aforesaid, or
procure an attested copy under seal as aforesaid, for the purpose
of taking out letters in another county, letters of administration
with the copy of the will annexed may be granted by the orphans'
court of the county wherein was the probate or authentication,
to such person as they might be granted to in case of intestacy;
and if the said executor so procuring an authenticated copy shall
not obtain letters in some other county within seventy days from
the date of the copy, letters of administration may be granted
as aforesaid by the orphans' court of the county where the will
was authenticated or proved; and it shall not be incumbent on
the party applying for or taking such letters of administration to
show that letters testamentary have not been obtained in some
other county upon the copy aforesaid; but such letters of admin-