1968 TESTAMENTARY LAW. [ART. 93

after mentioned; but whenever a testator shall state in his will
that he wishes that his executor shall be excused from the
necessity of giving bond for the performance of his duties as
executor, then and in such case the bond required of the
executor shall be in such penalty as the register or orphans'
court shall consider sufficient to secure the payment of the
debts due by the deceased, and all public taxes and assess-
ments which may be or become due on the property devised
or bequeathed by the testator, and on the commissions of the
executor; and the said bond shall be conditioned accordingly,
and shall be in no other or greater penalty; provided, that
whenever any heir, distributee, legatee or devisee named in a
will shall make it appear to the orphans' court that any
executor who has given such bond only as is last mentioned
is wasting the assets of the estate, or that the assets of the
estate in the hands of such executor are in danger of being
lost, wasted or misappropriated, then, and in that case, the
court shall require the said executor to give bond with security
in a penalty sufficient to secure the interests of the heirs, dis-
tributees, legatees and devisees, and conditioned accordingly;
and on his failure to give bond as required by the-court, within
a time named by order of the court, his letters testamentary
shall be revoked forthwith.

Winchester v. Union Bank, 2 G. & J. 79. Hunter v. Bryson, 5 G. & J.
483. Gibbons v. Riley, 7 Gill, 84. Cecil v. Negro Rose, 17 Md. 104. Cecil
v. Clarke, 17 Md. 520. Lungren v. Swartzwelder, 44 Md. 482. Carey v.
Reed, 82 Md. 396.

1888, art. 93, sec. 42. 1860, art. 93, sec. 42. 1798, ch. 101, sub-ch. 3, see. 2.
41. H the executor, or all the executors named in a will who
have not renounced, shall in due time procure an attested copy
of 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 reas-
onable excuse made in behalf of any such executor, the said
court or register may allow a further time, not exceeding