ART. 93J ADMINISTRATION. 1965
State, before administration shall be granted to any other
person; and a male residuary legatee shall be preferred to a
female.
Henning v. Varner, 34 Md. 102. Georgetown College v. Browne, 34 Md.
450 Dalrymple v. Gamble, 66 Md. 308. Brodie v. Mitchell, 85 Md. 518.
1888, art. 93, sec. 35. 1860, art. 93, sec. 35. 1839, ch. 21, sec. 1.
1894, ch. 462. 1898, ch. 496.
34. No administration or letters testamentary on any will
executed after the 9th of April, 1898, shall be granted to any
judge of the orphans' court, or of the circuit court, or register
of wills of the county where he is judge or register of wills,
unless he be next of kin or largest creditor.
Ibid. sec. 36. 1860, art. 93, sec. 36. 1798, ch. 101, sub-ch. 5, sec. 4.
35. If administration shall be granted and a will for the
disposition of the personal estate of the deceased shall after-
wards be proved according to law, and an executor named
therein shall apply for letters testamentary within thirty days
thereafter, and shall be capable, and shall execute a bond as
herein directed, letters testamentary shall be accordingly
granted to him, and the same shall be construed as a revoca-
tion of the letters of administration.
Emmert v. Stouffer, 64 Md. 543. Dalrymple v. Gamble, 66 Md. 308. Lutz
v. Mehan, 80 Md. 236.
Ibid. sec. 37. 1860, art. 93, sec. 37. 1798, ch. 101, sub-ch. 5, see. 4.
1802, ch. 101, sec. 6.
36. All acts done by any executor or administrator according
to law, before any actual or implied revocation of his letters,
shall be valid and effectual, and the executor or administrator
obtaining letters after a revocation shall thereby be authorized
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 judg-
ments 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 administrator shall show to
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