164 APPEALS AND ERRORS. [ART. 5

By a devisee from an order revoking the probate of a will. Dorsey v. War-
field, 7 Md. 75.

By a co-executor and a distributee from the ratification of a separate
administration account. Hesson v. Hesson, 14 Md. 13.

From an order refusing to remove a guardian. Macgill, v. McEvoy, 85 Md.
291. See also. Lefever v. Lefever, 6 Md. 472.

This section embraces orders removing guardians, especially where the
discretion vested in the orphans' court was arbitrarily exercised. Slattery v.
Smiley. 25 Md. 394.

A trustee from whom an administrator will demand property, may appeal
from an order refusing to revoke the administrator's letters. Lee v. Allen,
100 Md. 13.

No matter how small the amount involved. Gephart v. Strong, 20 Md. 525.

Matters in the discretion of the orphans' court.

No appeal lies in the following cases:

From an order granting letters to two or more persons with the consent of
the person first entitled. Covey v. Charles, 49 Md. 315.

From an order for the sale of personal estate by an administrator for
special reasons looking to the advantage of the estate. Crawford v. Black-
burn. 19 Md. 42.

From an order directing an executor to bring money into court, nor from
an order revoking letters and appointing another administrator for a failure
to comply with such order, unless the discretion vested in the orphans' court
over such matters, is arbitrarily exercised. Porter v. Timanus, 12 Md. 292.

See also, Ex Parte v. Shipley, 4 Md. 496.

From an order of the orphans' court fixing commissions within the limits
prescribed by law. Wilson v. Wilson, 3 G. & J. 23.

From an order appointing a guardian. Compton v. Compton, 2 Gill, 241.
But see Lefever v. Lefever, 6 Md. 478.

From an order directing a guardian to bring his ward's money into court.
Falconer v. Regelier, 6 Md. 552.

From the refusal of the orphans' court to accept a bond to prevent the
bringing out of an infant. Johnson v. Brannaman. 10 Md. 495.

The award of costs in litigation In the orphans' court is not revlewable.
Bantz v. Bantz. 52 Md. 696.

Where issues are sent from the orphans' court to a court of law, the
orphans' court has exclusive and discretionary power in the matter of the
award of costs. Brown v. Johns. 62 Md. 333.

No appeal lies:

From an order refusing to revoke letters testamentary. Hebb v. Hebb, 5
Gill, 509.

From the adjudication of the orphans' court that an answer to a petition
in the nature of a caveat, is insufficient, same not being final. Potts v. Potts,
88 Md. 641.

From an order revoking an apprenticeship. Lamott v. Maulsby, 8 Md. 7.

An administrator pendente lite cannot appeal from an order directing the
sale of certain personal property of the deceased. Johns v. Caldwell, 60
Md. 262.

Where parties refer a matter in dispute to the arbitrament and award
of the judges of an orphans' court, providing in the agreement of refer-
ence for an appeal to the court of appeals, the latter court will dismiss
the appeal, because if the reference was to the Judges as a court, no
appeal lay under the statute then in force, and if the reference was to the
judges as individuals, there was no appeal. The reservation of a right of
an appeal in the agreement could not confer jurisdiction on the court of
appeals. Strife v. Reiff, 55 Md. 94 (decided in 1880).

Generally.

The term ''party'' in this section is not used in a technical sense, but
means anyone whose interest the decree or order has a direct tendency
to affect adversely, such party appearing in court and claiming a right of
appeal. Meyer v. Henderson, 88 Md. 590; Gunther v. State, 31 Md. 33.
See also, Lee v. Alien, 100 Md. 13; Cecil v. Cecil, 19 Md. 72; Hoffar v. Stone-
street, 6 Md. 304; Parker v. Gwynn, 4 Md. 426; Stevenson v. Schrlber, 9 G. &
J. 335.