Section 31

Whenever an executor appointed in a will survives the testator but dies without having taken probate, or, hav-ing been cited to take probate, does not appear to such citation, the right of such person in respect of the execu-torship shall wholly cease, and the representation of the testator and the administration of his estate shall go, de-volve and be committed in like manner as if such person had not been appointed executor.