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LAWS OF MARYLAND.

SECTION 41. When any will or codicil shall have

Authenticated

been authenticated or proved as herein directed,

or proved.

before the Register of Wills or Orphans' Court,

letters testamentary may forthwith be committed

to the executor or executors named in said will or

codicil; provided the said executor, or each of the

executors, shall execute a bond to the State of Mary-

land with two good sureties, approved by the said

register or Orphans' Court, as the case may require,

and in such penalty as the said register or court

Penalty as

the register

may require, conditioned for the faithful perform-

may require.

ance of the trust in him reposed as executor, to be

lodged and recorded in said register's office, and

subject to be put in suit as hereinafter 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 pen-

alty 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 assessments

which may be or become due on the property de-

vised 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 mis-

appropriated, then and in that case the court shall

Give bond

require the said executor to give bond with security,

with security.

in penalty sufficient to secure the interests of the

heirs, distributees, legatees and devisees, and condi-

tioned 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.

Approved May 3, 1882.