ART. 93] ADMINISTRATION BY AN EXECUTOR. 2047

chief justice of the orphans' court of ———— county, this ———— day
of ————.

Test: C. D., register of wills for ———— county.

Since this section provides that letters shall be under seal, if they are
issued without a seal, they are invalid and not admissible in evidence; the
defect is not cured by the seal of the court authenticating a copy of the
will. Tuck v. Boone, 8 Gill, 190 (decided prior to the codes of 1860 and
1888).

1004. art 93, sec. 51. 1888. art, 93, sec. 52. 1860, art. 93, sec. 52. 1798, ch. 101.

sub-ch. 4, gee. 1.

52. If any person named as executor in a will shall be, at the time
when administration ought to be granted, under the age of eighteen
years or of unsound mind, incapable according to law of making a
contract, or convicted of any crime rendering him infamous according
to law, or if any person named as executor shall not be a citizen of the
United States, letters testamentary or of administration (as the case
may require) may be granted in the same manner as if such person had
not been named in the will.

The term "infamous crime" defined. Garitee v. Bond. 102 Md. 382.
An applicant for letters held not to be disqualified under this section.
Stouffer v. Stouffer, 110 Md. 372.

This section referred to in discussing the question of when a female is of
legal age. Davis v. Jacquin, 5 H. & J. 110.

This section referred to in construing section 33—see notes thereto. George-
town College v. Browne. 34 Md. 457.

Ibid. sec. 52. 1888, art. 93, sec. 53. 1800, art. 93. sec. 53. 1798, ch. 101,

sub-ch. 4, sec. 2.

53. No question respecting infamy, citizenship or competent age
shall be determined by the orphans' court without summoning the per-
son 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.

Ibid. sec. 53. 1888, art. 93. sec. 54. 1860, art. 93, sec. 54. 1798, ch. 101,.

sub-ch. 4, sec. 3.

54. A transcript of the record of conviction shall be evidence in
the orphans' count to prove the party infamous.

Ibid. sec. 54. 1888. art. 93, sec. 55. 1860, art. 93, sec. 55. 1798. ch. 101.

sub-ch. 4. sec. 4.

55. When any person so named as an executor in a will shall be
alleged to be au alien, or not a citizen of the United States, his citizen-
ship shall not bo established otherwise than by a certificate 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.