ART. 93,] TESTAMENTARY LAW. 629
53. No question respecting infamy, citizenship or competent
age, shall be determined by the Orphans' Court without summon-
ing the person so named in the will and alleged to be infamous,
alien or under age, provided he be within the State, or without
giving such notice by advertisement or otherwise as the court
shall direct, (in case he be out of the State,) and hearing in case
the party shall attend agreeably to summons or notice.
54. A transcript of the record of conviction shall be evidence
in the Orphans' Court to prove the party infamous.
55. When any person so named as an executor in a will shall
be alleged to be an alien or not a citizen of the United States,
his citizenship shall not be established otherwise than by a cer-
tificate under the seal of the office or court where the party
became naturalized, or by competent testimony that the said
person is a natural born citizen of the State or of the United
States, or that the person is or was the wife of a citizen of the
United States and resides therein.
56. Any inquisition of a jury on a writ issued from a court of
equity finding the party an idiot, lunatic or non compos mentis,
and confirmed by the court, shall be conclusive evidence of the
unsound mind of the party; and if suehlnquisition shall not have
been had at the time when administration ought to be granted,
a writ de lunatico inquirendo may issue by the Circuit Court or
Orphans' Court on the petition to either of said courts of any
person interested; and the finding of the jury that the party is
an idiot, lunatic or madman, or non compos mentis, thereon
returned and confirmed by the court, shall be conclusive against
the party, and a certificate from the clerk of the court, under
seal, stating the substance of the proceedings, shall be evidence
in the Orphans' Court, who may thereon proceed as if the party
had not been named in the will.
57. When a person named in a will as executor shall be alleged
to be under the age of eighteen years, it shall be incumbent on
the person making the allegation to establish the same by such
proof as is usually required in such cases.
58. No married woman shall be entitled to letters testa-
mentary, but the same, or letters of administration, shall be
granted in the same manner as if she had not been named in
the will, unless her husband, with two sureties, give bond as
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