ART. 93] WILLS. 2157

Where a will is presented with a petition stating that it is not the will of
the deceased, and only testimony on behalf of those assailing the will is
heard, those in favor of the will being given no opportunity to be heard,
the orphans' court is without jurisdiction to decide the question of probate.
Emmert v. Stouffer, 64 Md. 553.

A question as to whether the notice required by this section has been
given can not be raised for the first time in the court of appeals after the
argument there. Stanley v. Safe Deposit Co., 87 Md. 458.

This section referred to in deciding that when a will has been granted or
denied probate after contest, the decision is final and the same question can
not again be raised by a suit in ejectment. Johns v. Hodges, 62 Md. 534.

Cited but not construed in Campbell v. Porter, 162 U. S. 483.

See notes to sections 343 and 344.

1904, art. 93, sec. 339. 1888, art. 93, sec. 330. 1860, art. 93, sec. 318. 1798, ch. 101,

sub-ch. 2, sees. 9, 10.

346. If any person whatever shall enter a caveat against such will
or codicil, either before or after it shall be exhibited to the reg-
ister of wills or orphans' court, the said caveat shall be decided by the
court. If any person shall enter a caveat against any will or codicil of
which probate shall have been taken by the register as aforesaid, no
letters testamentary shall be granted until a determination shall be
had in the orphans' court.

This section gives the orphans' court Jurisdiction to decide caveats, and
when issues have been properly submitted and fairly passed upon, the
decision of the court is final and binding unless reversed. This is equally
true where the issues are passed upon by the orphans' court as where they
are passed upon by a Jury. McDaniel v. McDanlel, 86 Md. 626. And see
Offutt v. Gott. 12 G. & J. 386.

This section referred to in deciding that when a will has been granted or
denied probate after contest, the decision is final and the same question can
not again be raised by a suit in ejectment. Johns v. Hodges, 62 Md. 534.

The caveat of a will in the orphans' court distinguished from a caveat in
equity asainst a patent. Cunningham v. Browning, 1 Bl. 324.

Cited but not construed in Campbell v. Porter, 162 U. S. 483.

As to issues, see sections 253 and 255 and notes.

Ibid. sec. 340. 1888, art. 93, sec. 331. 1860, art. 93, sec. 319.
1798. ch. 101, sub-ch. 2. sec. 12. 1890, ch. 416.

347. Every executor or other person exhibiting a will shall be

examined on oath whether or not ho knows of any other will or codicil,

and in what manner the will or codicil exhibited came into his hands.

This section referred to in deciding that when a will has been granted

or denied probate after contest, the decision is final and the same question

con not again be raised by a suit in ejectment. Johns v. Hodges, 62 Md. 534.

Cited but not construed in Campbell v. Porter, 162 U. S. 483.

Ibid. sec. 341. 1888, art. 93, sec. 332. 1860, art. 93, sec. 320.
1798, ch. 101, sub-ch. 2, sec. 13.

348. If the probate of any will or codicil be taken as aforesaid with-
out contest, any person, before letters testamentary or of administra-
tion with a copy of the will shall be actually granted, may file a peti-
tion to the court praying that the case may be again examined and
heard; and thereupon the orphans' court shall delay the granting of
letters until a decision shall be had on the petition; and in case the
letters shall have been granted, and any person shall file such petition,