1966 TESTAMENTARY LAW. [ART. 93

the court that there are good grounds to open the judgment,
in which case the court shall open the judgment for future
litigation; and with respect to the allowance of costs, all such
executors and administrators shall be on the same footing as
if letters testamentary or of administration had not been
granted; and the same rules in making such executor or
administrator plaintiff or defendant shall be observed as
directed for making new parties in cases where a party dies.
Seldner v. McCreery, 75 Md. 289.

1888, art. 93, sec. 38. 1860, art. 93, sec. 38. 1798, ch. 101, sub-ch. 14, sec. 1.

1874, ch. 402.

37. If any person entitled to administration shall deliver or
transmit to the orphans' court a declaration in writing that he
is willing to decline the trust, the court shall proceed as if
such person were not entitled; and in any case in which letters
testamentary or of administration have been or may hereafter
be granted to any person, either as sole executor or adminis-
trator, or as executor or administrator to act in. conjunction
with another person or with other persons, and such executor
or administrator shall be desirous to retire from and resign
such appointment after he shall have accepted the same, said
executor or administrator may exhibit his petition ex parte in
the court by which said letters were granted, accompanied by
a full and particular account under oath of his or her receipts
and disbursements, if any, as such executor or administrator;
and the said court upon the filing of such petition and accounts
shall have jurisdiction in the premises, and shall cause notice
to be given by publication in one or more papers of the city
or county where such letters were granted, and for such time
as the said court may deem proper, of the filing of said peti-
tion; and if no good cause shall be shown to the contrary,
by the day that may be limited in that behalf in said notice,
the said court shall release and discharge the said executor or
administrator from the further performance of the duties of
said appointment, and may pass such order as to costs and
commissions and impose such terms in other respects as the
nature of the case may require; provided, that such executor
or administrator and his sureties shall not, by such discharge,
be released from liability to any person in interest for past
acts, defaults or omission of duty.

Thomas v. Knighton, 23 Md. 318. Carpenter v. Jones, 44 Md. 625
McColgan v Kenney, 68 Md. 260. Brodie v. Mitchell, 85 Md. 518. Cum-
mings v. Robinson, 95 Md. 85.