ART. 93] ORPHANS' COURT. 2123

Although the order appealed from is not signed by the judges of the
orphans' court, the defect may be remedied by agreement of counsel. Wat-
son v. Watson. 58 Md. 445.

See notes to sections 254 and 255.

As to appeals, cf. sections 245 and 314. and art. 5, sec. 60, et seq.

1904, art. 93, sec. 256. 1888. art. 93. sec. 252. 1860, art. 7, sec. 7. 1798. ch. 101,
sub-ch. 8. sec. 12. 1841, ch. 178, sec. 1.

257. The several orphans' courts of this State shall have power, with
the consent of both parties, to be entered on their proceedings, to arbi-
trate between a claimant and an executor or administrator, or between
an executor and a person against whom he has a claim, or the dispute
may by the parties be referred to any person or persons approved by the
orphans' court.

No appeal lies whether the reference of a question to the orphans' court
is made under this section, or to the judges as individuals; and the fact that
the agreement of reference provides for an appeal is immaterial. Strite v.
Eeiff, 55 Md. 94 (distinguishing Woods v. Matchett. 47 Md. 394).

This section refers only to claims against the estate of a decedent which
are asserted against the executor in his fiduciary character; it has no refer-
ence to personal debts of the executor. Agreement of reference held to be
under this section, the orphans' court not being mere arbitrators selected by
the parties. Browne v. Preston. 38 Md. 379.

This and the two following sections point out the only way in which the
orphans' court can pass upon the validity of a claim, or the sufficiency of
the defense thereto. Bowie v. Ghiselin. 30 Md. 557.

A party may except to the award of an arbitrator on the ground of usury
although no such defense was made before the arbitrator. The orphans'
court has power to remand a case to the arbitrator. Woods v. Matchett, 47
Md. 395.

Cited but not construed in Flater v. Weaver, 108 Md. 672; Prudential Ins.
Co. v. Cottingham, 103 Md. 322; Wisner v. Wllhelm, 48 Md. 10.

As to arbitration and award, see also art. 7. and art. 75. sec. 46, et seq.

ibid. sec. 257. 1888. art. 93, sec. 253. 1860. art. 7, sec. 8. 1834, ch. 228, sec. 2.

258. No award made under an order of the orphans' court returned
to said court shall be confirmed until after notice of the award shall
have been given to the parties to the reference or their representatives;
and any party may file exceptions, or show cause against the award,
upon any ground on the face of it or extrinsic thereto, and the court
may confirm or reject the same, and remand the case to the referees
for a new award or appoint new referees.

An award is void of effect if not ratified by the court; unless perhaps
such defect may be cured by the act of the parties. Dement v. Stonestreet,
1 Md. 123.

See notes to sec. 257.

Ibid. sec. 258. 1888. art. 93. sec. 254. 1860. art. 7. sec. 9.
1834, ch. 228. sec. 2.

259. The orphans' court may make such rules respecting the notice
to be given in cases of awards and exceptions, and showing cause and
a hearing in the premises, as they deem reasonable.
See notes to sec. 257.

Ibid. sec. 259. 1888. art. 93. sec. 255. 1888, ch. 240.

260. The orphans' court shall have power ex officio to order any
executor, administrator or guardian, who appears, by the records of