1970 TESTAMENTARY LAW. [ART. 93

thereafter file a bond as aforesaid, or if two such summonses
shall be returned "non est," and the party shall not appear
according to the tenor of the second summons, or appearing,
shall not within twenty days thereafter file a bond as afore-
said, letters of administration may be granted as aforesaid;
provided, nevertheless, that in case of sickness of, or accident
to such executor, or reasonable excuse made in his behalf, the
court may at discretion allow a further time, not exceeding
forty days after such return or appearance, for filing such bond.
Georgetown College v. Browne, 34 Md. 450.

1888, art. 93, sec. 45. 1860, art 93, sec. 45. 1798, ch. 101, sub-ch. 3, sec. 5.

44. If the sole executor be out of the State at the time of
authentication or probate, and shall not within six months
thereafter return and file a bond as aforesaid, letters of admin-
istration may be granted as aforesaid; but in case the said
executor be out of the State, and shall return at any time
before the expiration of the said six months, there may be a
summons and the same proceedings thereon as if he had been
in the State at the time of the authentication or probate; and
upon the said proceedings letters of administration may be
granted before the expiration of six months. But it shall not
be held necessary to proceed by summons as aforesaid, in case
the party be as aforesaid out of the State at the time of the
authentication or probate, and shall return as aforesaid; but
letters of administration after the expiration of the said six
months may be granted without such proceeding by summons
against the executor so returning.

Ibid.

Ibid. sec. 46. 1860, art. 93, sec 46. 1798, ch. 101, sub-ch. 3, sec 6.

45. If there shall be more than one executor named in a
will, there may be the same proceedings with respect to each
of them as if he were the only executor named; and any
circumstances under which letters of administration may be
granted, on failure of a sole-named executor, shall authorize
the granting of letters testamentary to one or more of the
executors, on failure of one or more of the rest; and any
circumstances under which letters of administration may be
granted, on failure of a sole-named executor, shall authorize
the granting of such, letters of administration on failure of all
the executors; and in no case where there are several executors
named in a will shall letters testamentary be granted to one
only, or to any number of them less than the whole, or shall