2124 TESTAMENTARY LAW. [ART. 93

said courts or of the register of wills, to be in default in respect to the
rendering of any inventory, the returning of any report, statement,
return of any kind, or to the fulfilment of any duty in said courts, to
be summoned to appear before the court on some certain day to be
named in the summons, and fulfil his duty, on pain of revocation of
his letters testamentary, or of administration, or guardianship, and it
shall be the duty of the register of wills, from time to time, to inform
the orphans' court of such default so appearing; upon such order a
letter shall be addressed by the register of wills, and be sent by him
by mail to the person so appearing by him to be in default, at his
postoffice or place of address, informing him of such order; and for
the sending of such letter the register shall receive twenty-five cents
from such person, if, on appearing, he is found to be in default; if
the person, so appearing to be in default, does not appear in court in
answer to the letter, the court may order him to be summoned by the
sheriff, and on his appearing may pass such order as may be just in
the premises; and, upon his not appearing after having been duly
summoned, the court may revoke his letters testamentary, or of admin-
istration, or guardianship; upon any such revocation, the court may,
at its discretion, order that the parties interested, or any one or more
of them may be summoned to appear, and may make such order or
appointment as the laws of the State and justice may require. But no
guardian shall be thus summoned ex officio to appear before the court
after his ward has arrived at legal age; nor shall any executor or
administrator be thus summoned ex officio after more than three years
have elapsed since his default.

The clause in this section exempting guardians from summons after their
wards are of age, does not preclude a proceeding at the instance of an inter-
ested party, such as a surety or a ward, to require the guardian to settle
an account Baldwin v. State, 89 Md. 593.

This section gives the orphans' court power to compel an administrator to
comply with section 216. Fowler v. Brady, 110 Md. 210.

1908, ch. 428.

261. The orphans' court shall have power to authorize and direct
any executor, administrator or guardian to compromise any claim
against or in favor of the estate of any decedent or ward, as the case
may be, in such manner as the said court may approve.

This section does not confer upon the orphans' court the full powers with
which courts of law and equity are Invested of deciding upon the validity
and amount of the creditor's claim against the estate; it merely confers the
power to authorize an executor or guardian to compromise a claim on terms
approved by the court, without determining its legal status or amount. The
action of the orphans' court under this section will be upheld in the absence
of positive error or Injustice. Badders v. O'Brien, 114 Md. 451.

See art. 75, sec. 56.

1904, art. 93, sec. 260. 1888, art. 93, sec. 256. 1860. art. 93, sec. 252.
1798, ch. 101, sub-ch. 15, sec. 20. 1886, ch. 164.

262. The orphans' court shall not, under pretext of incidental
power or constructive authority, exercise any jurisdiction not expressly
conferred by law, but every judgment, decree, decision or order of the