2048 TESTAMENTAEY LAW. [ART. 93

1904, art. 93, sec. 55. 1888, art. 93, sec. 56. 1860, art 93, sec. 56. 1798, ch. 101,

sub-ch. 4, sec. 5.

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 such inquisition 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.

This section prescribes the mode for determining the unsouudness of mind

vel non of an applicant for letters. The orphans' court has no power to

decide such a question. Kearney v. Turner, 28 Md. 425.

The mere allegation that an executor is of unsound mind is insufficient to

disqualify him; he must have been Judicially declared insane. Wheeler v.

Stifler, 82 Md. 649.
This section referred to in construing section 33—see notes thereto.

Georgetown College v. Browne. 34 Md. 457.

Ibid. sec. 56. 1888. art. 93, sec. 57. 1860, art. 93, sec. 57. 1798, ch. 101.

sub-ch. 4, sec. 6.

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.

Ibid. sec. 57. 1888. art 93, sec. 58. 1860, art. 93, sec. 58. 1798, ch. 101.

sub-ch. 4, sec. 7.

58. No married woman shall be entitled to letters testamentary,
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 aforesaid for her faithful performance;
and the bond of any executrix who is unmarried and above eighteen,
given as aforesaid, shall be binding in the same manner as if she were
of the full age of twenty-one years.

This section referred to in construing section 33—see notes thereto.
Georgetown College v. Browne, 34 Md. 457.

Ibid. sec. 58. 1888. art. 93, sec. 59. 1860, art. 93, sec. 59. 1798. ch. 101.

sub-ch. 4, sec. 8.

59. In case letters testamentary shall be granted to an executor
above eighteen and under twenty-one years of age, the bond executed
by him for faithful performance shall, be binding as if he were of
full age.