TESTAMENTARY LAW. 2953

and 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;
Redwood v. Howison, 129 Md. 592.

The orphans' court has adequate power and jurisdiction in every case in which
their general powers enable them to act; extent of such powers. The court may
determine the question of when an additional or amended inventory or appraise-
ment of real estate should be had and hear evidence in relation to it. The orphans'
court, however, has no power to determine question of title to real estate. See
notes to art. 81, sec. 128. Wingert v. State, 125 Md. 541.

Under this section orphans' court has power to decide as a preliminary question
whether a caveator is debarred by agreement or compromise, from caveating a will;
issues; powers of court under this section. Housman v. Measley, 139 Md. 602.

Action of orphans' court in appointing administrator to defend a will upheld
under the clause of this section providing that that court shall " administer justice
in all matters relating to the affairs of deceased persons." Friedenwald v. Burke,
122 Md. 162.

The power of orphans' court to pass accounts prior to their payment is derived
from this section. Stevenson v. Schriver, 9 G. & J. 336.

Scope and purpose of clause of this section giving orphans' court power " to ad-
minister justice in all matters relating to deceased persons." Macgill v. Hyatt, 80
Md. 256.

This section gives no jurisdiction to orphans' court where a caveat is filed before
probate, to allow caveator counsel fees although caveat is successful. Koenig v.
Ward, 104 Md. 565. And see Harrison v. Clark, 95 Md. 313; Miller v. Gehr, 91 Md.
714; Dalrymple v. Gamble, 68 Md. 165; Townshend v. Brooke, 9 Gill, 91; Tilgh-
man v. France, 99 Md. 616. Cj. Ex parte Young, 8 Gill, 285.

Persons absent and unheard of for above seven years.

The portion of this section dealing with persons absent and unheard of for above
seven years is constitutional, and need not remain dormant for seven years before
becoming operative. Applications for letters may be oral as well as written. Appli-
cation held sufficient, and applicant proper. Savings Bank of Baltimore v. Weeks,
110 Md. 86.

Unless requirements of portion of this section dealing with persons absent and
unheard of for above seven years are complied with, orphans' court has no power to
grant letters. Who may ask for a revocation of such letters? Lee v Alien, 100
Md. 9 (decided prior to act of 1908, ch. 125).

The act of 1896, ch. 246, held void as in conflict with Maryland Declaration of
Rights and Federal Constitution. Savings Bank of Baltimore v. Weeks, 103 Md. 602.

As to conveyances by the husband or wife of a person unheard of for seven years,
see art. 45, sec. 13.

Generally.

Under this and following section, appellee is not responsible, at the instance of
one of appellants, for an amount improperly paid a real estate company as commis-
sion for collecting rents, where such appellant received three-fifths of commissions
so paid. While orphans' court is a court of limited jurisdiction, it is not without all
power to do justice. Parker v. Leighton, 131 Md. 423.

There is a presumption in favor of correctness of findings of orphans' court on
questions of fact as to impartiality and disinterestedness of appraisers. Wingert v.
Albert, 127 Md. 85. And see Wingert v. State., 129 Md. 31.

In view of the powers given orphans' court in first portion of this section, a court
of equity held to be not warranted in interfering, either to protect estate or appoint
receiver. See notes to sec. 69. In re Curtis' Estate v. Piersol, 117 Md. 172.

What is meant by the probate of a will, and what is necessary thereto? Tilghman
v. France, 99 Md. 615.

This section construed in connection with sec. 36—see notes thereto. Dalrymple v.
Gamble, 66 Md. 313.

This section referred to in construing sec. 253—see notes thereto. Linthicum v.
Polk, 93 Md. 94.

This section referred to in construing sec. 148—see notes thereto. Alexander v.
Leakin, 72 Md. 202.

Cited but not construed in Campbell.f. Porter, 162 U. S. 483; Nicholls v. Hodges,
1 Pet. 562.

See notes to secs. 245 and 355.