890 TESTAMENTARY LAW. [ART. 93

to file an answer and plenary proceedings are evidently contemplated—
see section 254, et seq. Object of a replication and when it should be filed.
Long v. Long, 115 Md. 134.

229.

See note to section 228.

Orphans' Court.
231.

See article 4, section 40, et seq. of the Md. Constitution.

235.

The orphans' court has no jurisdiction to administer a continuing trust;
it is, however, for most purposes the forum in which to settle the estate
of a deceased person. It cannot be said generally that the orphans' court
has no power to construe wills, since that would be to deny it the power
to approve an administration account by which payments of legacies are
made. To give equity jurisdiction, some special circumstances must appear,
such as a trust devolved on a trustee about which he is doubtful. The
termination vel non of a trust may present questions of extreme difficulty,
and the. orphans' court has no authority to adjudicate such questions, they
being vested solely in equity courts. Hagerstown Trust Co., Executor of
Mealey, 119 Md. 232.

In view of the powers given the orphans' court in the first portion of
this section, a court of equity held to be not warranted in interfering,
either to protect the estate or to appoint a receiver. See notes to section
68. In re Curtis' Estate v. Piersol, 117 Md. 172.

To the fifth and sixth notes to this section on page 2111 of volume 2 of
the Annotated Code, add the case of Crothers v. Crothers, 121 Md. 119.

1914, ch. 256.

235A. From and after April 1, 1914, no letters testamentary or
of administration shall be issued to any person on the estate of any
deceased person except upon application, first made in writing, plainly
and distinctly setting forth the name, age and last known place of resi-
dence of said deceased person, the date of and place of death, whether
said decedent died leaving a husband, or wife, or child or children, or
other heirs at law surviving; together with the names, ages and place
of residence of said husband, wife, child, children or other heirs at law,
said application to be signed by the party applying for said letters, and
who shall make oath to the truth of the statements contained in said
application, to the best of their knowledge, information and belief..
This Section shall only apply to Cecil County.

237.

To the second, third and fourth notes to section 237 on page 2113 of
volume 2 of the Annotated Code, add the case of Owen v. Pye, 115 Md. 406.

242.

The orphans' court has no jurisdiction to authorize a guardian to invest
the ward's funds in a loan to the guardian himself upon his promissory
note bearing interest. Definition of the term "investment." Fidelity &
Deposit Co. v. Freud, 115 Md. 32.

To the second note under the sub-title "Generally" to section 242 on
page 2115 of volume 2 of the Annotated Code, add the case of Owen v. Pye
115 Md. 407.