2116 TESTAMENTARY LAW. [ART. 93

over to a guardian (though the better practice is otherwise), to be paid the
infant in case he so survives; otherwise, to the parties entitled. Gunther
v. State, 31 Md. 31.

For a case denying the jurlsdicion of equity on the ground that the com-
plainant had ample remedy under the act of 1831, ch. 315, see Lee v. Price,
12 Md. 256.

1904, art. 93, sec. 242. 1888, art. 93, sec. 238. 1860, art. 93, sec. 238.
1831, ch. 315, sec. 12.

243. If an administrator shall believe that any person conceals any
part of his decedent's estate he may file a petition in the orphans'
court of the county in which he obtained administration, alleging such
concealment, and the court shall compel an answer thereto on oath; and
if satisfied upon an examination of the whole case that the party
charged has concealed any part of the personal estate of the deceased,
may order the delivery thereof to the administrator, and may enforce
obedience to such order by attachment, imprisonment or sequestration
of property.

Nature of the Jurisdiction conferred by this section. Proof of conceal-
ment. Smith v. Stockbridge, 39 Md. 646.

Where the question is not one of concealment but of title to property, the
orphans' court has no jurisdiction under this section. Daugherty v. Daugh-
erty, 82 Md. 231; Gibson v. Cook, 62 Md. 260.

Title to the decedent's property vests In the administrator. An inventory
may upon application to the orphans' court be corrected, but that court
can not pass on questions of title to personal property save those provided
for by section 244. Purpose of this section. Fowler v. Brady, 110 Md. 207.

This section distinguished from section 244. The allegation of "conceal-
ment" is essential to jurisdiction under this section. What amounts to con-
cealment? Taylor v. Bruscup, 27 Md. 225; Linthicum v. Polk, 93 Md. 91.

Where a mortgagor dies, and subsequently his executor dies, an adminis-
trator d. b. n. should be appointed under section 70. If one of the mort-
gagor's children is concealing information concerning the mortgagor's estate,
the mortgagee's remedy is under this section, and he need not go into equity.
Macgill v. Hyatt, 80 Md. 257.

Cited but not construed in Hignutt v. Cranor, 62 Md. 219.
See notes to sections 244 and 245.

Ibid. sec. 243. 1888, art. 93, sec. 239. 1860, art. 93, sec. 239.
1831, ch. 315, sec. 13.

244. The provisions of the aforegoing section are extended to all
cases where any person interested in any decedent's estate shall by bill
or petition allege that the administrator has concealed, or has in his
hands and has omitted to return in the inventory or lists of debts any
part of his decedent's assets; and if the court shall finally adjudge and
decree in favor of the allegations of such petition or bill, in whole or
in part, they shall order an additional inventory, or list of debts, as
the case may be, to be returned by the administrator, and appraisement
to be made accordingly, to comprehend the assets omitted; and such
additional inventory or list of debts shall have the same effect to all
intents and purposes as any inventory or list of debts before returned;
and the court may compel obedience to the said order by attachment
and imprisonment and sequestration of property; and if the said admin-
istrator shall, either before or after such process of attachment, imprison-