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The Annotated Code of the Public General Laws of Maryland, 1924
Volume 375, Page 2954   View pdf image (33K)
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2954 ARTICLE 93.

An. Code, sec. 235A. 1914, ch. 256.

244. From and after April 1, 1914, no letters testamentary or of ad-
ministration shall be issued to any person on the estate of any deceased
person except upon application, first made in writing, plainly and dis-
tinctly setting forth the name, age and last known place of residence of
said deceased person, the date of and place of death, whether said decedent
died leaving a husband, or wife, or child or children, or other heirs at law
surviving; together with the names, ages and place of residence of said
husband, wife, child, children or other heirs at law, said application to
be signed by the party applying for said letters, and who shall make oath
to the truth of the statements contained in said application, to the best
of their knowledge, information and belief. This Section shall only apply
to Cecil County.

An. Code, sec. 236. 1904, sec. 235. 1888, sec. 231. 1798, ch. 101, sub-ch. 15, sec. 12.

245. The orphans' court shall have full power, authority and juris-
diction to examine, hear and decree upon all accounts, claims and demands
existing between wards and their guardians, and between legatees or per-
sons entitled to any distributive share of an intestate's estate, and execu-
tors and administrators, and may enforce obedience to and execution of
their decrees in the same ample manner as the courts of equity in this
State. They shall keep a seal for their several courts, and for the office
of the register of wills of their county; and the said seal shall be affixed
to all certificates of the court or of the register, and to every process and
writ issued from the court.

This section gives orphans' court jurisdiction to determine whether widow has
made a selection of property under sec. 317, and if so, whether such selection is valid.
Crow v. Hubbard, 62 Md. 565.

The orphans' court has power under this and preceding section to compel executor
of deceased executor, to account for money belonging to first executor's decedent—
see sec. 11. Hignutt v. Cranor, 62 Md. 216; Muncaster v. Muncaster, 23 Md. 288.

Under this section orphans' court has jurisdiction to inquire as to whether an
executor has made a profit by dealing with his testator's assets—see notes to sec.
299. Gephart v. Strong, 20 Md. 527.

An order of orphans' court upon a petition, answer and consent of parties, adjudg-
ing an amount to be due a legatee, upheld under this section. Ruby v. State, 55
Md. 491.

The orphans' court has no power under this section to order executor to pay
legacies or make distribution until a final account in regard to debts has been
passed—see notes to secs. 145 and 146. Lowe v. Lowe, 6 Md. 353. Cf. Clarke v.
Sandrock, 113 Md. 426.

Under this section orphans' court only has jurisdiction of suits against an executor
for an account, at instance of legatee or next of kin. Randall v. Hodges, 3 Bl. 483.

This section applies only to contested questions inter partes, and not to ex parte
proceedings. Conner v. Ogle, 4 Md. Ch. 451.

This section referred to in construing sec. 148—see notes thereto. Alexander v.
Leakin, 72 Md. 202. (See notes to sec. 243.)

See notes to sec. 243.

An. Code, sec. 237. 1904, sec. 236. 1888, sec. 232. 1798, ch. 101, sub-ch. 15, sec. 12.

1890, ch. 425.

246. The court may on the application of any infant or any one in
his behalf suggesting improper conduct in any guardian whatever, either
in relation to the care and management of the property or person of the

 

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The Annotated Code of the Public General Laws of Maryland, 1924
Volume 375, Page 2954   View pdf image (33K)
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