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706 TESTAMENTARY LAW. [ART. XCIII
244.
A petition held not to bring a case within this section, and hence the
right of appeal is not limited by section 245. A petition could have been
filed under this section and the jurisdiction of the orphans' court could
not have been ousted by denying that the title of the fund was in the
estate. The orphans' court has jurisdiction to determine the title fo per-
sonal property in a proceeding under this section in so far as persons
interested in the estate and the administrator are concerned; the court
has no jurisdiction as between an administrator and a third person claim-
ing title to the property. The orphans' court may allow an inventory to
be corrected if it includes property which does not belong to the estate.
Pratt v. Hill, 124 Md. 256.
To the fourth note to this section on page 2117 of volume 2 of the Anno-
tated Code, add Pratt v. Hill, 124 Md. 256.
245.
See notes to section 244.
255.
See notes to article 5, section 10.
Sales.
291.
This section applies where a man who is named executor in a will dies
after the testator, but before the will has been probated. Hence a power
of sale given to such executor vests in an administrator d. b. n. appointed
by the orphans' court after the former's death. Sale upheld. Purpose and
scope of this section. Effect of the probate of a will. Title of executor
and administrator contrasted. Murray v. Conley et al., 124 Md. 220.
Widows.
301.
This section does not justify the contention that every devise or bequest
to the wife where the testator does not state that it is not in lieu of her
dower or share of his personal estate, is upon the condition that she survive
the testator, and hence section 326 does not apply. Purpose of this sec-
tion. See notes to section 326. Redwood v. Howison, 129 Md. 587.
302.
The direction of a testator to a legatee to pay a nominal sum to the
testator's widow, is not such a bequest to her as bars her right to one-
third of the personal estate in the absence of a renunciation by her. The
orphans' court may correct errors in administration accounts after final
ratification, and abrogate and modify its own orders when necessary to
promote justice. The application for such action must be made within a
reasonable time; what is a reasonable time depends upon the facts of each
case. Proof of widow's identity. See notes to section 309. Malkus v.
Richardson, 124 Md. 228.
305.
See notes to section 302.
306.
To the first note to this section on page 2141 of volume 2 of the Anno-
tated Code, add Schnepfe v. Schnepfe. 124 Md. 337.
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