2112 TESTAMENTARY LAW. [ART. 93

The power of the orphans' court to pass accounts prior to their payment is
derived from this section. Stevenson v. Schriver, 9 G. & J. 336.

Scope and purpose of the clause of this section giving the orphans' court
power "to administer justice in all matters relating to deceased persons."
Macgill v. Hyatt, 80 Md. 256.

This section gives no jurisdiction to the orphans' court where a caveat is
filed before probate, to allow the caveator counsel fees although the caveat is
successful. Koenig v. Ward, 104 Md. 565. And see Harrison v. Clark, 95
Md. 313; Miller v. Gehr, 91 Md. 714; Dalrymple v. Gamble, 68 Md. 165;
Townshend v Brooke, 9 Gill, 91; Tilghman v. France, 99 Md. 616. Cf. ex
parte Young, 8 Gill, 285.

Persons absent and unheard of for above seven years.

The portion of this section dealing with persons absent and unheard of for
above seven years, is constitutional, and need not remain dormant for seven
years before becoming operative. Applications for letters may be oral as well
as written. Application held sufficient, and applicant proper. Savings Bank
of Baltimore v. Weeks, 110 Md. 86.

Unless the requirements of the portion of this section dealing with persons
absent and unheard of for above seven years are complied with, the orphans'
court has no power to grant letters. Who may ask for a revocation of such
letters? Lee v. Alien, 100 Md. 9 (decided prior to the act of 1908, ch. 125).

The act of 1896, ch. 246, held void as in conflict with the Maryland Declara-
tion of Rights and the federal constitution. Savings Bank of Baltimore v.
Weeks, 103 Md. 602.

As to conveyances by the husband or wife of a person unheard of for seven
years, see art. 45, sec. 13.

Generally.

What is meant by the probate of a will, and what is necessary thereto?
Tilghman v. France, 99 Md. 615.

This section construed in connection with section 35—see notes thereto.
Dalrymple v. Gamble, 66 Md. 313.

This section referred to in construing section 244—see notes thereto. Lin-
thicum v. Polk, 93 Md. 94.

This section referred to in construing section 143—see notes thereto. Alex-
ander L. Leakin. 72 Md. 202.

Cited but not construed in Campbell v. Porter, 162 U. S. 483; Nicholls v.
Hodges. 1 Pet. 562.

See notes to sections 236 and 345.

1904, art. 93. sec. 235. 1888, art. 93, sec. 231. 1860, art. 93, sec. 231.
1798, ch. 101, sub-ch. 15, sec. 12.

236. The orphans' court shall have full power, authority and juris-
diction to examine, hear and decree upon all accounts, claims and
demands existing between wards and their guardians, and between lega-
tees or persons entitled to any distributive share of an intestate's estate,
and executors and administrators, and may enforce obedience to and
execution of their decrees in the same ample manner as the courts of
equity in this State. They shall keep a seal for their several courts,
and for the office of the register of wills of their county; and the said
seal shall be affixed to all certificates of the court or of the register, and
to every process and writ issued from the court.

This section gives the orphans' court jurisdiction to determine whether the

widow has made a selection of property under section 308, and if so, whether

such selection is valid. Crow v. Hubbard, 62 Md. 565.
The orphans' court has power under this and the preceding section to

compel the executor of a deceased executor, to account for money belonging

to the first executor's decedent—see section 11. Hignutt v. Cranor, 62 Md-

216; Muncaster v. Muncaster, 23 Md. 288.