2888 . ARTICLE 93.

An. Code, sec. 53. 1904, sec. 52. 1888, sec. 53. 1798, ch. 101, sub-ch. 4, sec. 2.

54. No question respecting infamy, citizenship or competent age shall
be determined by the orphans' court without summoning the person so
named in the will and alleged to be infamous, alien or under age, provided,
he be within the State, or without giving such notice by advertisement or
otherwise, as the court shall direct (in case he be out of the State),- and
hearing in case the party shall attend agreeably to summons or notice.

An. Code, sec. 54. 1904, sec. 53. 1888, sec. 54. 1798, ch. 101, sub-ch. 4, sec. 3.

55. A transcript of the record of conviction shall be evidence in the
orphans' court to prove the party infamous.

An. Code, sec. 55. 1904, sec. 54. 1888, sec. 55. 1798, ch. 101, sub-ch. 4, sec. 4.

56. When any person so named as an executor in a will shall be alleged
to be an alien, or not a citizen of the United States, his citizenship shall
not be established otherwise than by a certificate under the seal of the office
or court where the party became naturalized, or by competent testimony
that the said person is a natural born citizen of the State or of the United
States, or that the person is or was the wife of a citizen of the United States
and resides therein.

An. Code, sec. 56. 1904, sec. 55. 1888, sec. 56. 1798, ch. 101, sub-ch. 4, sec. 5.

57. Any inquisition of a jury on a writ issued from a court of equity
finding the party an idiot, lunatic or non compos mentis, and confirmed by
the court, shall be conclusive evidence of the unsound mind of the party;
and if such inquisition shall not have been had at the time when adminis-
tration ought to be granted, a writ de lunatico inquirendo may issue by
the circuit court or orphans' court, on the petition to either of said courts
of any person interested; and the finding of the jury that the party is an
idiot, lunatic or madman, or non compos mentis, thereon returned and
confirmed by the court, shall be conclusive against the party, and a certifi-
cate from the clerk of the court, under seal, stating the substance of the
proceedings, shall be evidence in the orphans' court, who may thereon
proceed as if the party had not been named in the will.

This section prescribes mode for determining unsoundness of mind vel non of
applicant for letters. The orphans' court has no power to decide such a question.
Kearney v. Turner, 28 Md. 425.

The mere allegation that an executor is of unsound mind is insufficient to disqualify
him; he must have been judicially declared insane. Wheeler v. Stifler, 82 Md. 649.

This section referred to and its application pointed out in construing secs. 30
and 34—see notes thereto. McCaughy v. Byrne, 115 Md. 89.

See notes to sec. 44.

An. Code, sec. 57. 1904, sec. 56. 1888, sec. 57. 1798, ch. 101, sub-ch. 4, sec. 6.

58. When a person named in a will as executor shall be alleged to be
under the age of eighteen years, it shall be incumbent on the person making
the allegation to establish the same by such proof as is usually required
in such cases.