ART. 93] ADMINISTRATION BY AN EXECUTOR. 1969

thirty days, for filing such bond and taking such letters; but
in no case shall letters testamentary be granted in such county
after the expiration of such time allowed, or in any other
county, except that wherein the will was authenticated or
proved; and it shall be the duty of such executor to transmit
to the court where the will was authenticated or proved, a
certificate under seal of the register of wills of the county
wherein letters testamentary shall have been granted, to show
that such letters have been granted.

1888, art. 93, sec. 43. 1860, art. 93, sec. 43. 1798, ch. 101, sub-ch. 3, sec. 3.

42. If there be only one executor, and he shall have been
present at the authentication or probate of the will, and shall
not within thirty days thereafter file a bond as aforesaid, or
procure an attested copy under seal as aforesaid, for the pur-
pose of taking out letters in another county, letters of admin-
istration with the copy of the will annexed may be granted by
the orphans' court of the county wherein was the probate or
authentication, to such person as they might be granted to in
case of intestacy; and if the said executor so procuring an
authenticated copy shall not obtain letters in some other county
within seventy days from the date of the copy, letters of
administration may be granted as aforesaid by the orphans'
court of the county where the will was authenticated or proved;
and it shall not be incumbent on the party applying for or
taking such letters of administration to show that letters testa-
mentary have not been obtained in some other county upon
the copy aforesaid; but such letters of administration shall
not be granted if it shall be proved to the court, by affidavit or
certificate under the seal of office, or if they shall have reason
to believe that such letters testamentary have been granted in
a county proper for granting them.

Georgetown College v. Browne, 34 Md. 450.

Ibid. sec. 44. 1860, art. 93, sec. 44. 1798, ch. 101, sub-ch. 3, sec. 4.

43. In case the said executor shall not have been present at
the authentication or probate, but shall have been within this
State, a summons may issue against him, either at the instance
of a person interested, or ex officio by the orphans' court, or in
their recess by the register of wills of the county wherein the
will was authenticated or proved, returnable not less than
twenty nor more than sixty days from date; and if the sum-
mons shall be returned "summoned," and the executor shall not
appear accordingly, or appearing, shall not within twenty days