80                                              LAWS OF MARYLAND                                [Ch. 11

LETTERS MAY NOT BE GRANTED TO A PERSON WHO, AT THE
TIME A DETERMINATION OF PRIORITY IS MADE, HAS FILED WITH
THE REGISTER A DECLARATION IN WRITING THAT HE RENOUNCES
HIS RIGHT TO ADMINISTER OR IS:

(1)       UNDER THE AGE OF 18 YEARS;

(2)       MENTALLY INCOMPETENT;

(3)      CONVICTED OF A SERIOUS CRIME;

(4)      NOT A CITIZEN OF THE UNITED STATES;

(5) A FULL-TIME JUDGE OF A COURT ESTABLISHED
UNDER THE LAWS OF MARYLAND OR THE UNITED STATES
INCLUDING, A JUDGE OF AN ORPHANS' OR PROBATE COURT, OR A
CLERK OF COURT, OR A REGISTER, UNLESS HE IS THE SURVIVING
SPOUSE OR IS RELATED TO THE DECEDENT WITHIN THE THIRD
DEGREE; OR

(6) A NONRESIDENT OF THE STATE, UNLESS THERE
SHALL BE ON FILE WITH THE REGISTER AN IRREVOCABLE
DESIGNATION BY HIM OF AN APPROPRIATE PERSON WHO RESIDES
IN THE STATE ON WHOM SERVICE OF PROCESS MAY BE MADE IN
THE SAME MANNER AND WITH THE EFFECT AS IF IT WERE SERVED
PERSONALLY IN THE STATE ON THE NONRESIDENT.

REVISOR'S NOTE: This section presently appears as
Art. 93, §5-104(b). The only changes are in
style and language.

5-106. APPOINTMENT.

(A) WITHIN CLASS.

WHEN THERE ARE SEVERAL ELIGIBLE PERSONS IN A CLASS
ENTITLED TO LETTERS, THE COURT OR REGISTER MAY GRANT
LETTERS TO ONE OF THEM, OR TO MORE THAN ONE OF THEM, AS
NECESSARY OR CONVENIENT FOR THE PROPER ADMINISTRATION OF
THE ESTATE. HOWEVER, SUBJECT TO §5-105, ALL EXECUTORS
NAMED IN THE WILL ARE ENTITLED TO PROBATE.

(B) WITHIN DIFFERENT CLASSES.

WITHIN CLASSES (2) THROUGH (9) OF §5-104, LETTERS
MAY BE GRANTED TO TWO OR MORE PERSONS IN DIFFERENT
CLASSES PROVIDED THAT THE PERSON OR CLASS FIRST ENTITLED
TO LETTERS CONSENTS.

REVISOR'S NOTE; This section presently appears as

Art. 93, §5-104(c) and (d) . These subsections

are drawn as a new   section for purposes of

separating material. The present numbering