ART. 93] ORPHANS' COURT. 2117

ment and sequestration, fail to company with such order, his letters of
administration may be revoked, and the court may direct his bond to
be put in suit; and the assets ordered to be comprised in such additional
inventory or list of debts shall be decreed and taken to be within the
condition of said bond.

Necessary allegations and proof to make out a case against an admin-
istrator under this section. Collusion. Section 236 held to have no applica-
tion. Hignutt v. Cranor, 62 Md. 219.

The only instance in which the orphans' court can determine questions of
title to personal property is as pointed out in this section. How other ques-
tions of title to personal property may be determined. Fowler v. Brady, 110-
Md. 208; Daugherty v. Daugherty, 82 Md. 231; Gibson v. Cook, 62 Md. 260.

Under this section the orphans' court has Jurisdiction where a petition
alleges that one of two executors has omitted to return certain property in
the inventory, and to return in the list of debts certain money which came
into the executor's hands before the testator's death. The fact that the
executor claims title to the property is immaterial. This section distin-
guished from section 243. Linthicum v. Polk, 93 Md. 95.

A petition setting out that one of the administrators has received money
which he has not accounted for, but alleging no concealment, is not within
the purview of this section, and hence the right of appeal is not regulated
by section 245. Cummings v. Robinson, 95 Md. 87.

This section is applicable as long as there are assets belonging to an
estate which have not been brought in or accounted for. Wilson v. McCarty,
55 Md. 280.

This section referred to in deciding that an administrator would not be
removed for retaining money with the consent of the party entitled to it
and in the belief that he had a right so to do, without the court's first deter-
mining that such retention was Improper and directing an account. Jones v.
Harbaugh, 93 Md. 284.

This section referred to in construing section 243—see notes thereto.
Macgill v. Hyatt, 80 Md. 257.

See notes to sections 229 and 245.

1904, art. 93, sec. 244. 1888, art. 93, sec. 240. 1860, art. 93, sec. 240.
1831, ch. 315, sec. 12.

245. If, upon the answer to any petition or bill filed under the
provisions of the two preceding sections, either party shall require it,
the court shall cause an issue or issues to be made up and sent to the
circuit court for the county, or the superior court of Baltimore city,
the court of common pleas, or the Baltimore city court, as the case may
be, to be there tried and disposed of as other issues from the orphans'
court; and either party to such bill or petition may appeal to the circuit
court for the county, or the superior court of Baltimore city.

The appeal provided for by this section applies to every proceeding insti-
tuted under either of the two preceding sections, and is exclusive of all other
appeals. Hignutt v. Cranor, 62 Md. 219; Linthicum v. Polk, 93 Md. 91;
Stouesifer v. Shriver, 100 Md. 27; Abbott v. Golibart, 39 Md. 555; Worth-
ington v. Herron, 39 Md. 146 (distinguishing Cannon v. Crook, 32 Md. 482).
While from the action of the orphans' court on a petition filed under sec-
tion 244, an appeal lies to the circuit court or the superior court, etc., and
not to the court of appeals, if the petition also alleges matters of which the
orphans' court has no jurisdiction under sections 243 or 244, an appeal lies
to the court of appeals. Stonesifer v. Shriver, 100 Md. 27; Linthicum v.
Polk, 93 Md. 91; Gibson v. Cook, 62 Md. 256. And see Cannon v. Crook, 32
Md. 432; Worthington v. Herron, 39 Md. 148.
Kee notes to sections 243, 244 and 255.
Cf. sections 250 and 314; also, art. 5, sections 5 and 60, et seq.