ART. 16] INFANTS. 169

Infants.

72.

See notes to section 74.

74.

Neither by virtue of this section nor of section 76 is a child adopted by
"A" under section 72, entitled to take under a will whereby certain prop-
erty is left to the testatrix's son "A" for life and after his death to his
children equally, and if there are no children then to "the right heirs" of
the testatrix. Eureka Life Ins. Co. v. Gels. 121 Md. 199.

76.

See notes to section 74.

Injunction.
81.

See notes to article 66, section 18.

33.

A case reversed because, since the adoption of the act of 1835, chapter
380, it has always been held error to proceed to final decree upon a motion
to dissolve an injunction; the most that can be asked under such circum-
stances is a continuance of the injunction until final hearing. Wilmer v.
Pica, 118 Md. 551.

This section referred to as authorizing a party, who upon his own
motion is made a defendant subsequent to the filing of the bill, to apply
to the lower court for a rescission of such prior orders as be thinks im-
proper. See notes to article 5. section 36. Carrington v. Basshor Co., 121
Md. 76.

Jurisdiction.
87.

This section does not oust the orphans' court of its jurisdiction under
article 93, section 293, to order the sale of a decedent's real estate, the
appraised value of which is not more than $2,500, and this is true although
the real estate is situated in a county other than that in which the estate
is administered. Meaning of the word "charge" as used in this section.
Cain v. Miller, 117 Md. 48. Cf. Abramson v. Horner, 115 Md. 246.

A bill to set aside a deed on the ground that it is in fraud of creditors is
properly filed under this section in the county where the land lies. Abram-
son v. Horner, 115 Md. 246.

The circuit court for Prince George's County has jurisdiction under this
section over a bill to enjoin the foreclosure of certain mortgages upon land
in that county. Fowler v. Pendleton, 121 Md. 299.

:94.

Where a substituted trustee has been properly appointed under this sec-
tion and the court has jurisdiction, a mere irregularity in the proceedings
will not sustain exceptions to the sale on the purchaser's appeal. Saml.
Ready School v. Safe Dep. & Trust Co., 121 Md. 518.

Upon the ex parte petition of any person interested in a trust estate,
the court will appoint a trustee in place of a deceased trustee, this section
being applicable. Jencks v. Safe Deposit & Trust Co., 120 Md. 631.

Non Compos Mentis.
114.

An appeal lies under article 5, section 26, from a decree ratifying an
inquisition of lunacy. There is no statute prescribing the method by which
the mental capacity of a person is to be ascertained; such procedure re-
mains as it existed, independently of statute, under the English practice.
Ex parte Bristor, 115 Md. 618.