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C H A P. 3.
How and of
letters
testamentary or
of adminiftra-
tion are to be
obtained.
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1. WHEN any will or codicil, refpecting perfonal property, fhall have been authenticated as
aforefaid, or proved as aforefaid before the regifter of wills, or orphans court, letters tefta-
mentary may forthwith be committed to the executor, executrix or executors, named in the
faid will or codicil; provided the faid executor or executrix, or each of the executors, fhall
execute a bond to the ftate of Maryland, with two good fureties, approved by the faid regifter
or orphans court, as the cafe may require, and in fuch penalty as the faid regifter or court may
require, conditioned for the faithful performance of the truft in him or her repofed as executor
or executrix, to be lodged and recorded in the faid regifter's office, and fubject to be put in fuit
as hereafter mentioned,
2. If the executor or executrix, or all the executors named in a will, who fhall not have re-
nounced in the manner hereafter directed, fhall, in due time, procure an attefted copy of the
faid will, and of the authentication or probat, under the leal of the office where it was authen-
ticated or proved, and fhall produce the fame to the orphans court, or in its recefs to the re-
gifter of wills, in any county wherein is perfonal property of the teftator or teftatrix to be ad-
miniftered, the faid will, and the authentication or probat thereof, fhall be there recorded; and
letters teftamentary may be granted to the faid executor or executrix, or all the executors, not
renouncing, by the faid court, or in its recefs by the faid regifter, at any time within forty days
from the date of the faid copy, on his, her or their executing bond or bonds as aforefaid; and in
cafe of ficknefs of, or accident to, or reafonable excufe made in behalf of, any fuch executor or
executrix, the faid court, or regifter, may allow a further time, not exceeding thirty days, for
filing fuch bond, and taking fuch letters; but in no cafe fhall letters teftamentary be granted in
fuch county after the expiration of fuch time allowed, or in any other county except that
wherein the will was authenticated or proved; and it fhall be the duty of fuch executor or ex-
ecutrix to tranfmit to the court where the will was authenticated or proved, a certificate, un-
der feal of the regifter of wills of the county wherein letters teftamentary fhall have been
granted, to fhew that fuch letters have been granted.
3. If there be only one executor or executrix named, and he or fhe fhall have been prefent at
the authentication or probat of the will, and fhall not, within thirty days thereafter, file a bond
as aforefaid, or procure an attefted copy under feal as aforefaid, for the purpofe of taking letters
as aforefaid in another county, letters of adminiftration, with the copy of the will annexed, may
be granted by the orphans court of the county wherein was the probat or authentication, to
fuch perfon as they might be granted to in cafe of inteftacy; and if the faid executor or execu-
trix, fo procuring an attefted copy, fhall not obtain letters teftamentary in fome other county,
within feventy days from the date of the copy, letters of adminiftration may be granted as afore-
faid by the orphans court of the county where the will was proved or authenticated; and it fhall
not be incumbent on the party applying for or taking fuch letters of adminiftration, to fhew that
letters teftamentary have not been obtained in fome other county on the copy aforefaid; but
fuch letters of adminiftration fhall not be granted, if it fhall be proved to the court, by affidavit,
or certificate under the feal of office, or if they fhall have reafon to believe, that fuch letters
teftamentary have been granted in a county proper for granting them.
4. In cafe the faid fole executor or executrix fhall not have been prefent at the authentication
or probat, but fhall have been within the ftate, a fummons may iffue againft him or her, either at
the inftance of a perfon interefted, or ex officio by the orphans court, or (in their recefs) the
regifter of wills of the county wherein the will was authenticated or proved, returnable not lefs
than twenty, nor more than fixty days after date; and if the fummons fhall be returned "fum-
moned," and the executor or executrix fhall not appear accordingly, or appearing fhall not,
within twenty days thereafter, file a bond or bonds as aforefaid, or if two fuch fummonfes fhall
be returned "non eft" and the party fhall not appear according to the tenor of the fecond fum-
mons, or appearing fhall not, within twenty days thereafter, file a bond as aforefaid, letters of
adminiftration may be granted as aforefaid; provided neverthelefs, that in cafe of ficknefs of, or
accident to, fuch executor or executrix, or reafonable excufe made in his or her behalf, the court
may, at difcretion, allow a further time, not exceeding forty days after fuch return or appear-
ance, for filing fuch bond.
5. If the faid fole executor of executrix be out of the ftate at the time of authentication or
probat, and fhall not, within fix months thereafter, return and file a bond as aforefaid, letters of
adminiftration may be granted as aforefaid; but in cafe the faid executor be out of the ftate as.
aforefaid, and fhall return, at any time before the expiration of the faid fix months, in order to
expedite the granting of letters, there may be a fummons, and the fame proceedings thereon, as
if he or fhe had been in the ftate at the time of authentication and probat, and upon the faid
proceedings letters of adminiftration may be granted before the expiration of fix months; but it
fhall not be held neceffary to proceed by fummons as aforefaid, in cafe the party be as aforefaid
out of the ftate at the time of authentication or probat and fhall return as aforefaid; but letters
of adminiftration, after the expiration of the faid fix months, may be granted, without fuch pro-
ceeding by fummons againft the executor or executrix fo returning.
6. If there fhall be more than one executor or executrix named in a will containing any difpo-
fition relative to any perfonal ftate, there may be the fame proceedings with refpect to each of
them, as if he or fhe were the only executor or executrix named; and any circumftances, under
which letters of adminiftration may be granted, on failure of a fole named executor or executrix,
fhall authorise the granting letters teftamentary to one or more of the executors, on the failure
of one or more of the reft; and any circumftances under which letters of administration may be
granted, on failure of a fole named executor or executrix, fhall authorife the granting of fuch
letters of adminiftration on failure of all the executors; and in no cafe, where there are feveral
executors named in a will, fhall letters teftamentary be granted to one only, or to any number of
them lefs than the whole, or fhall letters of adminiftration be granted, until there fhall be fuch
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