ART. 93] ORPHANS' COURT. 2113

Under this section the orphans' court has jurisdiction to inquire as to
whether an executor has made a profit by dealing with his testator's assets—
see notes to section 290. Gephart v. Strong, 20 Md. 527.

An order of the orphans' court upon a petition, answer and consent of
parties, adjudging an amount to be due a legatee, upheld tinder this section.
Ruby v. State, 55 Md. 491.

The orphans' court has no power under this section to order an executor
to pay legacies or make distribution until a final account in regard to debts
has been passed—see notes to sections 140 and 141. Lowe v. Lowe, 6 Md. 353.
Cf. Clarke v. Sandrock, 113 Md. 426.

Under this section the orphans' court only has jurisdiction of suits against
an executor for an account, at the instance of a legatee or next of kin.
Randall v. Hodges, 3 Bl. 483.

This section applies only to contested questions inter-parties, and not to ex
parte proceedings. Conner v. Ogle, 4 Md. Ch. 451.

This section referred to in construing section 143—see notes thereto. Alex-
ander v. Leakin, 72 Md. 202. (See notes to section 235).

See notes to sec. 235.

1904, art. 93. sec. 236. 1888, art. 93, sec. 232. 1860, art 93. sec. 232.
1798. ch. 101, sub-ch. 15, sec. 12. 1890, ch. 425.

237. The court may on the application of any infant or any one
in his behalf suggesting improper conduct in any guardian whatever,
either in relation to the care and management of the property or per-
son of the infant, or physical or mental incapacity of the guardian to
properly fulfill his duties and the purposes of the office, or any other
matter or thing whereby it appears that the guardian is or has become
unable to bestow such direct personal care and supervision over the
person or estate of his ward as is requisite to the proper discharge of
the duties of guardianship, inquire, into the same, and, at its discretion,
remove such guardian and make choice of another who shall give
security and conduct himself in the manner herein prescribed and shall
receive the property and custody of the said ward.

In case of any ill treatment or neglect of duty on the part of the guardian
toward his ward, this section presents the remedy. Lefever v. Lefever, 6
Md. 478.

An application for the removal of a guardian must allege Improper con-
duct relative to the ward's property and person, and the allegations must be
sustained by proof. Slattery v. Smiley. 25 Md. 393; Forney v. Shrlner, 60
Md. 421.

Nature and limits of the power conferred by this section. Refusal to
remove a guardian upheld. Macgill v. McEvoy, 85 Md. 293.

An appeal lies from the action of the court in removing or refusing to
remove a guardian under this section. This section distinguished from sec-
tion 242. (See also, article 5, section 60.) Macgill v. McEvoy, 85 Md. 289;
Forney r. Shriner, 60 Md. 421; Slattery v. Smiley, 25 Md. 393.

Unless a natural guardian has failed to give bond under section 154, or has
been removed under this section, the appointment of another guardian Is
unauthorized and void. Presumption that the orphans' court acted within
its jurisdiction. Fridge v. State. 3 G. & J. 113.

Ibid. sec. 237. 1888. art. 93, sec. 233. 1860, art. 93, sec. 233.
1798, ch. 101, sub-ch. 15, sec. 13.

238. The court may issue a summons for any person concerned in
the affairs of a deceased person or for a witness, or any other person
whose appearance in said courts shall be deemed necessary or proper
for any purpose. And such summons may issue to any county in the