HERBERT R. O'CONOR, GOVERNOR. 301

(1) If he is a member of, or detailed for duty with, the
military, naval or other armed forces of the United States or
of any allied or associated power, or if he has been accepted
for such service and is awaiting induction into such service; or

(2) If he is engaged in any work in connection with a
governmental agency of the United States or in connection
with the American Red Cross Society or any other similar
organization making it temporarily impractical for him to
efficiently perform the duties of his administration or guard-
ianship, whether or not he be so engaged within or without
the continental United States; or

(3) If, when last heard from, he was reported to be in any
enemy country or obliged to remain in any other foreign
country or possession or dependency of the United States.

(e) Whenever a fiduciary, as herein defined, is engaged in war
service as also herein defined, such fiduciary, or any co-fiduci-
ary or his surety or sureties or other person having an interest
in the administration of the decedent's or ward's estate, includ-
ing a creditor or the Register of Wills, may present a petition
to the Orphans' Court granting the letters of such fiduciary,
praying for the passage of an order revoking the letters and,
where necessary, granting letters to a successor. In addition to
the name of the fiduciary engaged in war service, the petition
shall state the nature of the petitioner's interest in the prem-
ises, the approximate value of the estate and the names and
addresses of any co-fiduciaries or alternates, so far as known
to the petitioner. The petition shall be sworn to by the peti-
tioner and, if filed by a person other than the fiduciary en-
gaged in war service, shall, in addition, be supported by the
affidavit of such fiduciary, or by the affidavit of some other
competent person certifying to the belief that such fiduciary is
engaged in such war service or that since entering such service
he has been reported or is believed to be missing.

(d) The petition may be filed and acted upon by the court
ex-parte, or before passing thereon the court may require that
such persons be made parties to the proceeding and such notice
and opportunity to be heard be given them as may appear, in
its discretion, necessary to protect the estate and the parties
interested therein.

(e) Upon presentation of the petition the court shall have
jurisdiction, and after such hearing thereon, ex-parte or other-
^wise, as the court may require, the court may, notwithstanding
any other provision of law, revoke the letters of the fiduciary
engaged in war service, and upon the revocation of letters, if
there be no remaining fiduciary, it shall be the duty of the