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proceedings againft each of them falling, as would authorife the iffuing letters of adminiftration
in cafe of the failure of a fole named executor.
7. If any executor or executrix named in a will fhall file, or tranfmit to the orphans court of
the county wherein the will fhall have been authenticated or proved as aforefaid, an attefted re-
nunciation in writing of his or her trull, there may be the fame proceedings, with refpect to
granting letters testamentary or of adminiftration, as if the party fo renouncing had not been
named in the will; provided neverthelefs, that any executor or executrix named in a will fhall be
entitled, notwithstanding any failure or renunciation as aforefaid, on filing a bond as aforefaid
before letters teftamentary or of adminiftration fhall actually be committed to another or others
as aforefaid, to have letters teftamentary granted to him or her, or to be included therein, as the
cafe may require.
8. In cafe letters teftamentary fhall be granted to one or more of the executors named in a
will, on failure of the reft, no executor or executrix, not named in the faid letters, fhall in any
manner interfere with the adminiftration, or have any greater intereft in the eftate of the deceafed.
than if he or fhe had not been named in the will as executor or executrix; and if letters of ad-
miniftration, with a copy of the will annexed, fhall be granted, no executor or executrix therein
named fhall in any manner interfere further with the adminiftration, or have any greater intereft
in the eftate aforefaid, than if he or fhe had not been named us aforefaid; and no executor or
executrix named in a will fhall, before letters teftamentary fhall be granted to him or her, have
any power to difpofe of any part of the eftate of the deceafed, or to interfere therewith, further
than is neceffary to collect and preferve the fame; provided nevertheless, that any act of an
executor or executrix named in a will, done before obtaining letters teftamentary, fhall, in cafe
he or fhe fhall afterwards obtain fuch letters, be as valid and effectual as if the faid act had been
done after obtaining fuch letters; and in cafe of a fuit commenced by fuch executor or executrix,
it fhall be fufficient to produce the faid letters, or a certificate under the feal of the office where
they were obtained, that they have been granted to the party at any time before the trial or final
hearing on fuch fuit; and in any cafe whatever where an exhibit of fuch letters teftamentary or
of adminiftration would be good or available, a certificate as aforefaid fhall alfo be good and
available.
9. It fhall not be neceffary, in any fuit at law or equity brought by or againft an executor,
executrix or executors, to make a party of any executor or executrix named in the will, who
fhall not alfo be named in the letters teftamentary, but the making him, her or them, a party or
parties by miftake, fhall not vitiate any proceeding for or againft the proper party or parties.
10. Any bond executed by an executor or executrix, or an adminiftrator or administratrix, as
hereafter mentioned, fhall be recorded in the office of the regifter of wills where adminiftration
is granted; and any perfon conceiving him or herfelf interefted in the adminiftration of the
eftate, fhall be entitled to, and have on demand, a copy of fuch bond, and a certificate from the
regifter, under his hand and the feal of his office, upon which copy and certificate an action may
be maintained, in the name of the ftate, for the ufe of the party interefted, and judgment may
be recovered upon fuch action for the damages actually fuftained.
11. The condition of the bond to be ed by any executor or executrix, adminiftrator or ad-
miniftratrix, fhall be as follows, or to the following effect: The condition of the above obliga-
" tion is fuch, that if the above bounden —— ——, fhall well and truly perform the office of ex-
" ecutor or executrix, adminiftrator or adminiftratrix, of —— ——, late of ——— , deceafed, ac-
" cording to law, and fhall, in all refpects, difcharge the duties of him (or her) required by law,
" as executor or executrix, or adminiftrator or adminiftratrix, aforefaid, without any injury or
" damage to any perfon interefted in the faithful performance of the faid office, then the above
" obligation fhall be void; it is otherwife to be in full force and virtue in law."
12. Every executor or executrix, administrator or adminiftratrix, after filing his or her bond
for faithful performance, and before, letters fhall be committed to him or her, fhall be required to
take the following oath, or affirmation, as the cafe may require, to be adminiftered by the re-
gifter of wills, or orphans court: " I —— —— do fwear, (or folemnly, fincerely and truly do
" affirm and declare,) that I will well and truly adminifter the goods, chattels, perfonal eftate
" and credits, of —— ——, late of —— , deceafed, to the beft of my knowledge, according to
" law, and will give a juft account of my administration when thereto I fhall be lawfully called;
" So help me God."
13. The following fhall be the form of the letters teftamentary to be granted to an executor,
executrix or executors, under the feal of the orphans court: "Maryland, fc. The ftate of Mary-
" land, To all perfons to whom thefe prefents fhall come, greeting. Know ye, that the laft
" will and teftament of —— —— , of —— , deceafed, hath in due form of law been exhibited,
" proved and recorded, in the office of the regifter of wills for —— county, a copy of which is
" to thefe prefents annexed, and adminiftration of all the goods, chattels and credits, of the
" deceafed, is hereby granted and committed unto —— —— , the executor, executrix or execu-
" tors, (or one or more of the executors,), by the faid will appointed. Witnefs A. B. chief juf-
" tice of the orphans court of —— county, this —— day of —— . Teft. C. D. regifter of wills
"for —— county."
14. In cafe of delay, on account of the abfence from the ftate of an executor, executrix or
executors, named in a will, or of a conteft relative to the right of adminiftration, or of a con-
tefted will or codicil, or of the negligence of any executor or executrix, named in the will, to
take out letters teftamentary, or the abfence or negligence of any perfon entitled to letters of
adminiftration, or any other account, the orphans court of the county wherein the will was
proved or authenticated; or where letters of adminiftration ought to be granted, may, at dif-
cretion iffues letters, authorifing the collection and prefervation of the goods of the deceafed,
and the returning an inventory thereof, and the faid letters may, at difcretion of the court, be
directed to one perfon only, or to feveral perfons, in cafe the goods or chattels and perfonal
eftate of the deceased fhall be fuppofed to be in different counties.
15. The for of fuch letters fhall be as follows: " Maryland, fc. The State of Maryland, To
"all perfons to whom thefe prefents fhall come, greetings. Know ye that whereas —— ——,
" of ——, deceafed, as it is faid, had, at his (or her) deceafe, perfonal property within this
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