ART. 93] ORPHANS' COURT. 2111

invested until the security is given, or the court, on application, shall
order it paid to the person entitled. (f) After revocation of letters
the person erroneously supposed to be dead may, on suggestion filed
of record of the proper fact, be substituted as plaintiff in all actions
brought by the executor or administrator, at any stage of proceedings,
before or after judgment. He may, in actions previously brought
against such representative, be substituted as defendant, upon like sug-
gestion by himself or the plaintiff, and shall be then entitled to a rea-
sonable time in which to prepare for trial. Judgments recovered
against the executor or administrator may be opened on application
of the supposed decedent made within three months from the date of
revocation, supported by affidavit, specifically denying the alleged
indebtedness or cause of action; otherwise such judgments shall have
the conclusive effect of ordinary judgments. After substitution of the
supposed decedent as defendant in any case of judgment as aforesaid.
it shall become a lien upon his property in the same manner as other
judgments, (g) Costs incident to the grant of letters hereunder shall
be paid out of the estate of the supposed decedent, and where the
application is denied, they shall be paid by the applicant.

Power of the orphans' court.

The orphans' court has power under this section and section 236 to deter-
mine the question of the ademption of a legacy; and also questions of
advancement, and of what are assets, and who are legatees and next of kin.
and what is given them by will: some of which questions necessarily
Involve a construction of the will. Gallagher v. Martin, 102 Md. 118; Wilson
v. McCarty, 55 Md. 283; Pole v. Simmons, 45 Md. 249; Belt v. Blackburn, 28
Md. 243; Blackburn v. Craufurd, 22 Md. 465; Kennaday v. Sinnott, 179 U. S.
614. Cf. Eamsey v. Welby, 63 Md. 588; State v. Warren, 28 Md. 356.

An application for letters is one over which the orphans' court has full
jurisdiction under this section. Prosecution for perjury. State v. Mercer.
101 Md. 540.

Under this section and section 137 the orphans' court has power to divide
leasehold property among the parties entitled although some of them are
infants. Williams v. Holmes, 9 Md. 287.

The orphans' court has power to determine whether a widow takes an
interest in her deceased husband's estate notwithstanding a divorce a mensa;
and if so, what interest she takes. Hokamp v. Hagaman. 36 Md. 518.

The powers of the orphans' court are adequate to protect the interest of
those concerned in the faithful performance of the duties of an adminis-
trator; there is, therefore, no ground for the interference of equity. Lee v.
Price, 12 Md. 256.

The orphans' court has power under this section and section 236 to enter-
tain a petition charging that an administrator has received money for which
he has failed to account, and praying for an account. Cummings v. Robinson,
95 Md. 87; Muncaster v. Muncaster, 23 Md. 288.

The orphans' court has jurisdiction under this section and section 230
where a petition prays a rescission of an order passing an administration
account, and that the account be re-stated. Stonesifer v. Shriver, 100 Md. 28.

If an administrator is guilty of fraud, or fraudulently withholds money,
this section confers jurisdiction upon the orphans' court to remove the admin-
istrator. Fraud not proven. Purpose of this section. Jones v. Harbaugh, 93
Md. 282: Carey v. Reed, 82 Md. 396.

Under this section the court has power to revoke letters and appoint a new
personal representative; this is true although the administration be an ancil-
lary one. Dalrymple v. Gamble, 66 Md. 305; Raborg v. Hammond, 2 H. &
G. 42.