1842

FRANCIS THOMAS, ESQUIRE, GOVERNOR.

CHAP. 92.

to said orphans court attested renunciations in writing of
their trust in the first instance without taking out letters tes-
tamentary as they did, and then renouncing their trust as
they have done.

Made parties
by scire facias

SEC. 2. Be it further enacted, That in all cases where judg-
ments have been obtained by the executors named in said
last will and testament to whom letters testamentary were
committed in the first instance as aforesaid, the said George
Bruce and Samuel M. Semmes, shall be and they are hereby
authorised to make themselves parties thereto by appropri-
ate writs of scire facias to be issued and proceeded in as
usual where the parties to the action have been changed by
death.

Administra-
tors to obtain
judgments in
their name.

SEC. 3. Be it further enacted, That the said George
Bruce and Samuel M. Semmes, to whom letters of admi-
nistration with the will annexed have been committed as
aforesaid, shall thereby be authorised to prosecute any ac-
tions at law or equity commenced by the executors afore-
said, and to obtain judgments in their own names, and like-
wise to defend any suit as aforesaid, commenced against the
said executors, and shall thereby also have the benefit of
all judgments and decrees obtained by said executors, and
shall be bound by all judgments and decrees obtained
against them unless the same shall be shown to be obtained
by fraud, accident, or surprise, or upon such other grounds
as would be relieved against in equity

invested with
all legal rights
and powers.

SEC. 4. Be it further enacted, That the said George
Bruce and Samuel M. Semmes shall by virtue of the letters
of administration with the will annexed committed to them
as aforesaid, be invested with all the rights and powers, and
charged with all the duties which devolved upon the exe-
cutors named in said last will and testament, by virtue there-
of, and of the letters testamentary which were committed
to them as aforesaid, that they shall be authorised to sue in
their own names as administrators aforesaid, upon all bonds,
notes, and other charges, in action belonging to the estate
of said deceased,: and to avail themselves of the usual pro-
ceedings at law and in equity, to compel payment and ob-
tain relief.

Legal right
over real es-
tate.

SEC. 5. And be it further enacted, That the said George
Bruce and Samuel M. Semmes shall have and exercise all
the rights and powers over the real estate of which the
said Andrew Bruce died seized and possessed, which were
devised to, and intended by said deceased, to be vested
by his last will and testament aforesaid, in the executors
therein named.