ART. 93] ORPHANS' COURT. 2037

section, by the provisions of the particular act under which a
trustee has been appointed, who has died or removed without
fully executing and completing his trust.

1888, art. 93, sec. 246. 1860, art. 93, sec. 246. 1802, ch. 101, sec. 6

250. If letters testamentary or of administration shall be
revoked by the orphans' court and new letters granted, pend-
ing any action at law or in equity against the executor or
administrator whose letters are revoked, there shall be the
same proceedings to make the proper executor or administrator
a party in the action, upon the Suggestion of such revocation,
as in cases where a defendant has died pending an action.

Ibid. sec. 247. 1860, art. 93, sec. 247. 1802, ch. 101, see 6.

251. If in the case mentioned in the preceding section,
there has been a judgment rendered previous to the revocation
of the letters, a scire facias shall issue upon such judgment
against the proper executor or administrator, suggesting the
revocation of the letters of the former executor or administator,
and there shall be the same proceedings as in ordinary cases
against executors and administrators.

Ibid. sec. 248. 1860, art. 93, sec. 248. 1802, ch. 101, sec. 7.

252. If a judgment shall be obtained against an executor or
administrator who has been made a party to a suit in the place
of an executor or administrator whose letters have been
revoked, and it shall not be found by the jury that the execu-
tor or administrator against whom such judgment has been
rendered has assets sufficient to discharge the same, the plain-
tiff in such judgment may also issue a scire facias on such
judgment against the executor or administrator whose letters
have been revoked, suggesting that such executor or adminis-
trator did receive assets of the deceased, liable to such judg-
ment, more than was paid over or delivered by such executor
or administrator, to the persons obtaining the said letters tes-
tamentary or of administration; and if the same shall be con-
troverted, it shall be ascertained by a jury in the same manner
as in cases of scire facias suggesting assets against the second
executor or administrator; and in case of a verdict and judg-
ment being given against such former executor or administrator,
execution may issue thereon in the same manner as against
other executors or administrators, and the plaintiff may also
sue the bond of such former executor or administrator.