ART. 93.] ADMINISTRATION BY AN EXECUTOR. 1331

P. G. L , (1860,) art. 93, sec. 48. 1798, ch. 101, sub-ch. 8, sec. 8.

48. In case letters testamentary shall be granted to one or
more of the executors named in a will, on failure of the rest, no

executor not named in said letters shall in any manner interfere
with the administration, or have any greater interest in the estate

of the deceased than if he had not been named in the will as

executor; and if letters of administration, with a copy of the will
annexed, shall be granted, no executor therein named shall in any
manner interfere further with the administration, or have any
greater interest in the estate than if he had not been named as
aforesaid; and no executor named in a will shall, before letters
testamentary be granted to him, have any power to dispose of
any part of the estate of the deceased, or to interfere therewith
further than is necessary to collect and preserve the same; but
any act of an executor named in a will, done before obtaining
letters testamentary, shall, in case he shall afterwards obtain such
letters, be as valid and effectual as if the said act had been done
after obtaining such letters; and in case of a suit, commenced by
such executor, it shall be sufficient to produce the said letters, or
a certificate, under the seal of the office where they were obtained,
that they have been granted to the party at any time before the
trial or final hearing on such suit; and in any case whatever,
where an exhibit of such letters testamentary or of administration
would be good or available, a certificate as aforesaid shall also be
good and available.

Ibid. sec. 49. 1798, ch. 101, sub-ch. 3, sec. 11.

49. The condition of the bond given by an executor or ad-
ministrator, shall be as follows: The condition of the above
obligation is such, that if the above bounden ———— shall well
and truly perform the office of executor of ————, late of ————
county, deceased, according to law, and shall in all respects

discharge the duties of him required by law as executor afore-
said, without any injury or damage to any person interested in
the faithful performance of the said office, then the above
obligation shall be void; it is otherwise to be in full force and
virtue in law.

State v. Jordan, 3 H. & McH. 179. Hacking v. Howard, 3 H. & McH. 203.
Morgan v. Slade, 2 H. & J. 33. Wilson's Ezrs v.Slade, 2 H. & J 281. Mann
v. State, 3 H. & J. 237. Hamilton v. State, 3 H. & J. 503. Maddox v. State, 4