ART. 93] ORPHANS' COURT. 891

243.

See notes to section 228.

244.

The remedy provided by this section pointed out in construing section
98—see notes thereto. Dunnigan v. Cummins, 115 Md. 298.
See notes to section 245.

245.

The appeal provided by this section is exclusive of the appeal provided
by article 5, section 60. The orphans' court held to have jurisdiction under
this section and a demand for issues did not divest it of such jurisdiction.
When issues are demanded, the orphans' court has a judicial function to
perform. See notes to section 255. McAvoy v. Renehan, 116 Md. 335.

254.

See notes to sections 228 and 255.

255.

This section does not require the orphans' court to send issues to a
court of law for a determination of questions such as the reopening of an
account for alleged improper allowances, when that investigation is being
made under a plenary proceeding and the parties had elected to try the
question before the orphans' court. See note to section 245. McAvoy v.
Renehan, 116 Md. 336.

To the second and third notes, under the sub-title "Costs, Counsel Fees,
etc.," to section 255 on page 2122 of volume 2 of the Annotated Code, add
the case of French v. Washington County Home, 115 Md. 315.

See notes to section 317.

262.

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. Fidelity & Deposit Co. v. Freud, 115 Md. 31.

Register of Wills.

263.

See article 4, section 41, of the Md. Constitution.

Sales.

284.

Where an administrator assigns a note and the mortgage securing it—
the latter "for value received"—to the widow of the testator and she
subsequently assigns it to the plaintiff, it will be assumed that the admin-
istrator obtained the necessary order of court under this section, in the
absence of proof to the contrary. Fuhrman v. Fuhrman, 115 Md. 439.

293.

Under this section and sections 294 and 295, an orphans' court has juris-
diction to direct sales of real estate of intestates when the appraised
value does not exceed twenty-five hundred dollars, although such real
estate is situated in another county. See notes to article 16, section 87.
Cain v. Miller, 117 Md. 47.

See notes to article 16, section 87.