Administrator with the will annexed; preference

§ 20–338. Administrator with the will annexed; preferenceWhere a will admitted to probate does not appoint an executor, or the executor therein appointed has died or renounced the executorship, or is incompetent to serve, administration shall be granted with the will annexed to the person who would have been entitled to administration in case of the intestacy of the deceased testator. A residuary legatee named in the will, shall be, in an appointment under this section, preferred to all, except a surviving spouse. The condition of the bond of the administrator so appointed and the oath to be taken by him and his duties and liabilities are the same as if he had been appointed executor in the will and had received letters testamentary.