322 LAWS OF MARYLAND.

the property and assets of the estate for which the said admin-
istrator should account and be liable for, according to law,
and nothing herein shall prevent the Court or Register from
increasing the penalty of any bond to such an amount as they
or he may see proper, for sufficient cause shown; and said bond
shall have the same condition annexed as herein prescribed for
the bond of an executor; and said bond shall be recorded and
be liable to be sued on, and be in all respects on the same
footing as an executor's bond; and any person conceiving
himself interested shall be entitled to a copy of said bond under
seal, which copy shall be evidence.

Section 40. Whenever any will or codicil shall have been
authenticated or proved as herein directed 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 Maryland, with two sureties
approved by the Register or Court in such penalty as the said
Register or Court may require, or with a surety corporation
authorized by the laws of this State to qualify upon such bonds,
and whenever the surety upon such bond is a corporation so
authorized to qualify as such, the amount of the penalty of
such bond shall be fixed by the Court or Register in an amount
not exceeding the probable value of the property and assets of
the estate for which said executor or executors should account
for and be liable according to law, and nothing herein shall
prevent the Court or Register from increasing the penalty of
any bond to such an amount as they or he may see proper, for
sufficient cause shown; and said bond shall be conditioned for
the faithful performance of the trust reposed in him as
executor, to be lodged and recorded in said Register's office,
and subject to be put in suit as hereinafter mentioned; but
whenever an executor is excused by the testator from giving
bond, then only such bond shall be given in an amount as the
Court or Register shall consider sufficient to secure the pay-
ment of the debts, taxes, assessments due by the deceased; and
the said bond shall be conditioned accordingly; provided, that
whenever any heir, distributee, legatee or devisee named in the
will shall make it appear to the Court that any executor who
has given bond only as is last mentioned, is wasting the assets
of the estate in his hands or that the said assets are in danger
of being lost, wasted or misappropriated, then, in that case,
the Court shall require the said executor to increase the penalty
of his bond to such an amount as the Court shall think proper,
and on his failure to increase the penalty of his bond as
required by the Court within a time named by the order of
the Court, his letters testamentary shall be revoked forthwith.

Approved April 13, 1910.