§43-2-28. Death of sole or surviving executor.

No executor of an executor can, as such, administer on the estate of the first testator; but on the death of a sole or surviving executor, letters of administration with the will annexed may be granted to the persons entitled thereto, as in any case in which a sole executor has renounced his appointment.

(Code 1852, §1666; Code 1867, §1984; Code 1876, §2348; Code 1886, §2012; Code 1896, §54; Code 1907, §2516; Code 1923, §5738; Code 1940, T. 61, §77.)