It is usually true that the court granting letters testamentary or of administration has the power after having granted the letters to revoke them.39 This is accomplished by means of a petition or application addressed to the court setting forth the grounds upon which the applicant seeks to vacate the appointment of the administrator or executor. Fraud in obtaining the letters, or where it appears that a will was executed by the deceased, or that the administrator has made a false pretense of being a creditor of the estate, and incapacity and misconduct have been held grounds for revoking letters of administration previously issued.40 Where letters testamentary have been granted upon a will and that will has been set aside and declared no will after a contest or a codicil or new will has been found and proved, revoking the first appointment, the court has a right to revoke the letters previously granted.41 The acts of such an administrator or executor are voidable only, and not void.42

(a) An executor or administrator upon giving notice to the heirs, legatees and devisees of the will or estate, and making due application and a complete report and account of his acts, may resign. There must be a full settlement of the estate which has come into his hands before it is permitted that the resignation should take effect. There must be also a delivery to his successor of all money and property of the estate in his hands which are not otherwise disposed of by the order of court.43 When the acceptance of the resignation has been entered of record, such acceptance of the resignation is equivalent to a removal.44 There can be no valid appointment of a second administrator until the letters of administration first granted have been revoked or the administrator has resigned and has had such resignation accepted. Any order or attempted appointment of that kind is void.45

39 Marston vs. Wilcox, 1 Scan., 60;

Hazlett vs. Blackley, 97 N. Y., 808; Thomas vs. Hardwick, 1

Gar., 18. 40 Drake vs.. Green, 10 Allen, 124;

Morgan vs. Dodge, 44 N. H., 255; in re Hood, 104 Ill., 103;

Marsh vs. People, 15 Ill., 284;

Wernse vs. Hall, 190 Ill., 424. 41 Foltz vs. Krouse, 17 Ill, 487. 42 Meek vs. Allison, 67 Ill., 46.