ART. 93] ADMINISTRATION BY AN EXECUTOR. 1971

letters of administration be granted until there shall be such
proceedings against each of them failing as would authorize
the issuing letters of administration in case, of the failure of a
sole-named executor.

Montgomery v Black, 4 H. & McH. 391. Watkins v. State, 2 G & J 220.
Hunter v. Bryson, 5 G & J 483. Gardmer v. Hardy, 12 G & J. 366.
Spencer v Ragan, 9 Gill, 482. Georgetown College v. Browne, 34 Md. 450.

1888, art. 93, sec. 47. 1860, art. 93, sec. 47. 1798, ch. 101, sub-ch. 3, sec. 7.

46. If any executor named in a will shall file or transmit to
the orphans' court of the county wherein the will shall have
been authenticated or proved as aforesaid an attested renuncia-
tion in writing of his trust, there may be the same proceedings
with respect to granting letters testamentary or of administra-
tion as if the party so renouncing had not been named in the
will; provided, nevertheless, that any executor named in a will
shall be entitled, notwithstanding any failure or renunciation
as aforesaid, on filing a bond as aforesaid, before letters testa-
mentary or of administration shall actually be committed to
another or others as aforesaid, to have letters testamentary
granted to him, or to be included therein, as the case may
require.
Georgetown College v Browne, 34 Md. 450.

Ibid sec. 48. 1860, art. 93, sec. 48. 1798, ch. 101, sub-ch. 3, sec. 8.

47. In case letters testamentary shall be granted to one or
more of the executors named in a will, on failure of the rest,
no executor not named in said letters shall in any manner
interfere with the administration, or have any greater interest
in the estate of the deceased than if he had not been named
in the will as executor; and if letters of administration, with
a copy of the will annexed, shall be granted, no executor
therein named shall in any manner interfere further with the
administration, or have any greater interest in the estate
than if he had not been named as aforesaid; and no executor
named in a will shall, before letters testamentary be granted
to him, have any power to dispose of any part of the estate
of the deceased, or to interfere therewith further than is neces-
sary to collect and preserve the same; but any act of an
executor named in a will done before obtaining letters testa-
mentary shall, in case he shall afterwards obtain such letters,
be as valid and effectual as if the said act had been done after
obtaining such letters; and in case of a suit commenced by
such executor, it shall be sufficient to produce the said letters,