1330 TESTAMENTARY LAW. [ART. 93.

and shall return as aforesaid; hut letters of administration after
the expiration of the said six months may be granted without
such proceeding by summons against the executor so returning.
Georgetown College v. Browne, 34 Md. 450.

P. G. L., (1860,) art. 93, sec. 46. 1798, ch. 101, sub-ch. 3, sec. 6.

46. If there shall be more than one executor named in a will,
there may be the same proceedings with respect to each of them
as if he were the only executor named; and any circumstances
under which letters of adminstration may be granted, on failure
of a sole-named executor, shall authorize the granting of letters tes-
tamentary to one or more of the executors, on failure of one or
more of the rest; and any circumstances under which letters of
administration may be granted, on failure of a sole-named exec-
utor, shall authorize the granting of such letters of administration
on failure of all the executors; and in no case where there are
several executors named in a will, shall letters testamentary be
granted to one only, or to any number of them less than the
whole, or shall letters of administration be granted until there
shall be such proceedings against each of them failing as would
authorize the issuing letters of administration in case of the
failure of a sole-named executor.

Montgomery v. Black, 4 H. & McH. 391. Watkins v. State, 2 G. & J. 220.
Hunter v. Bryson, 5 G. & J. 483. Gardiner v. Hardey, 12 G. & J. 366. Spencer
v. Ragan, 9 Gill, 482. Georgetown College o. Browne, 34 Md. 450.

Ibid. sec. 47. 1798, ch. 101, sub-ch. 3, sec. 7.

47 If any executor named in a will shall file or transmit to
the orphans' court of the county wherein the will shall have been
authenticated or proved as aforesaid, an attested renunciation in
writing of his trust, there may be the same proceedings with
respect to granting letters testamentary or of administration as
if the party so renouncing had not been named in the wlll; pro-
vided, nevertheless, that any executor named in a will shall be
entitled, notwithstanding any failure or renunciation as aforesaid,
on filing a bond as aforesaid, before letters testamentary or of
administration shall actually be committed to another or others as
aforesaid, to have letters testamentary granted to him, or to be
included therein, as the case may require.

Georgetown College v. Browne, 34 Md. 450.