2952 ARTICLE 93.

in actions previously brought against such representative, be substituted
as defendant, upon like suggestion by himself or the plaintiff, and shall
be then entitled to a reasonable time in which to prepare for trial. Judg-
ments recovered against the executor or administrator may be opened on
application of the supposed decedent made within three months from the
date of revocation, supported by affidavit, specifically denying the alleged
indebtedness or cause of action; otherwise such judgments shall have the
conclusive effect of ordinary judgments. After substitution of the sup-
posed decedent as defendant in any case of judgment as aforesaid, it shall
become a lien upon his property in the same manner as other judgments.
(g) Costs incident to the grant of letters hereunder shall be paid out of
the estate of the supposed decedent, and where the application is denied,
they shall be paid by the applicant.

Power of the orphans' court.

The orphans' court has power under this section and sec. 245 to determine ques-
tion of ademption of legacy; and also questions of advancement, and of what are
assets, and who are legatees and next of kin, and what is given them by will: some
of which questions necessarily involve construction of the will. Gallagher v. Martin,
102 Md. 118; Wilson v. McCarty, 55 Md. 283; Pole v. Simmons, 45 Md. 249; Belt v.
Blackburn, 28 Md. 243; Blackburn v. Craufurd, 22 Md. 465; Kennaday v. Sinnott,
179 U. S. 614. Cf. Rarnsey v. Welby, 63 Md. 588; State v. Warren, 28 Md. 356; Red-
wood v. Howison, 129 Md. 592.

An applicati9n for letters is one over which orphans' court has full jurisdiction
under this section. Prosecution for perjury. State v. Mercer, 101 Md. 540.

Under this section and sec. 142 orphans' court has power to divide leasehold prop-
erty among parties entitled although some of them are infants. Williams v. Holmes,
9 Md. 287.

The orphans' court has power to determine whether a widow takes an interest in
her deceased husband's estate notwithstanding a divorce a mensa; and if so, what
interest she takes. Hokamp v. Hagaman, 36 Md. 518.

The powers of orphans' court are adequate to protect the interest of those con-
cerned in faithful performance of duties of an administrator; there isj therefore, no
ground for interference of equity. Lee v. Price, 12 Md. 256; Crothers v. Crothers,
121 Md. 119.

The orphans' court has power under this section and sec. 245 to entertain a peti-
tion charging that an administrator has received money for which he has failed
to account, and praying for an account. Cummings v. Robinson, 95 Md. 87; Mun-
caster v. Muncaster, 23 Md. 288; Crothers v. Crothers, 121 Md. 119.

The orphans' court has jurisdiction under this section and sec. 245 where peti-
tion prays a rescission of an order passing administration account, and that account
be re-stated. Stonesifer v. Shriver, 100 Md. 28.

If an administrator is guilty of fraud, or fraudulently withholds money, this sec-
tion confers jurisdiction upon orphans' court to remove administrator. Fraud not
proven. Purpose of this section. Jones v. Harbaugh, 93 Md. 282; Garey v. Reed,
82 Md. 396.

Under this section court has power to revoke letters and appoint new personal
representative; this is true although administration be an ancillary one. Dalrymple
v. Gamble, 66 Md. 305; Raborg v. Hammond, 2 H. & G. 42.

Although where a question of title to real estate is involved, the matter is beyond
the jurisdiction of orphans' court, that court has the power to determine who are
next of kin, and if ultimate distribution of property is controlled by sec. 335, or-
phans' court has jurisdiction. Necessary and proper parties to proceedings in or-
phans' court. McComas v. Wiley, 132 Md. 410.

The orphans' court has no jurisdiction to administer a continuing trust; it is,
however, for most purposes forum in which to settle estates of decedents. It can-
not be said generally that orphans' court has no power to construe wills, since that
would be to deny it power to approve an administration account by which pay-
ments 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,