TESTAMENTARY LAW. 2967

Generally.

The jurisdiction of orphans' court is limited to inquiries relative to the probate,
such as testamentary capacity, fraud, undue influence and execution of the will.
Courts of law and equity must determine what passes under will, and questions of
title dependent upon operation and effect of will, and decide upon right of dis-
position. Schull v. Murray, 32 Md. 15. And see Ramsey v. Welby, 63 Md. 588; State
v. Warren, 28 Md. 356; Blackburn v. Craufurd, 22 Md. 466; Michael v. Baker, 12
Md. 169; Spencer v. Ragan, 9 Gill, 482.

Orphans' courts are courts of special limited jurisdiction, and are confined to letter
of their authority. They must exercise their powers in accordance with law, and
necessary jurisdictional facts must not be left to inference but must affirmatively
appear upon face of their proceedings. This section referred to in construing art. 21,
sec. 83—see notes thereto. Norment v. Brydon, 44 Md. 116; Taylor v. Bruscup, 27
Md. 225; Lowe v. Lowe, 6 Md. 352; Conner v. Ogle, 4 Md. Ch. 452.

This section does not militate against authority of orphans' court to determine
who are next of kin and entitled to distribution under sec. 243—see notes thereto.
Blackburn v. Craufurd, 22 Md. 466. Cf. Ramsey v. Welby, 63 Md. 588; State v.
Warren, 28 Md. 356.

The orphans' court has no jurisdiction to determine validity and amount of claims
due creditors, although such claims may be passed for payment. Levering v. Lever-
ing, 64 Md. 413; Schwallenberg v. Jennings, 43 Md. 559; Bowie v. Ghiselin, 30 Md.
556; Miller v. Dorsey, 9 Md. 323.

The orphans' court has no jurisdiction to pass on title to personal property except
under sec. 253 on a charge of concealment by administrator. How other questions
of title to personal property may be determined. Fowler v. Brady, 110 Md. 208.

This section construed in connection with art. 16, sec. 99. The jurisdiction of
orphans' court closes when executor has fully settled his accounts; hence said court
has no jurisdiction thereafter to pass upon title to real estate sold by a trustee who
is also executor. Equity alone can enforce a trust. Blumenthal v. Moitz, 76 Md.
566. And see Taylor v. Bruscup, 27 Md. 219; Gable v. Cheston, 51 Md. 380.

The orphans' court has no jurisdiction to determine question of sanity of appli-
cant for letters—see sec. 57 and notes. Kearney v. Turner, 28 Md. 425.

An order of court directing property remaining in hands of administrator to be
paid over to certain parties without notice, etc., provided in sec. 148, held invalid
under this section. Conner v. Ogle, 4 Md. Ch. 451.

The orphans' court has no jurisdiction to decree return to administrator of goods
taken by surety under order of court, counter security having been demanded and
not given. Right of action in such case. Scott v. Burch, 6 H. & J. 79.

The orphans' court has no jurisdiction upon ex parte application of a widow, to
order a sale of real estate devised to her for life and after her death to be sold by
executors. Snook v. Munday, 90 Md. 702.

Thev orphans' court has no jurisdiction where a petition merely alleges the in-
sertion in inventory of property which belongs to petitioner. Spencer v. Ragan, 9
Gill, 482.

Orphans' court has inherent power to correct by revocation, etc., errors into which
it has fallen. In re Stratton, 46 Md. 553; Raborg v. Hammond, 2 H. & G. 51.

The orphans' court has no power to adjust equities resulting from the vacating of
a sale. Eichelberger v. Hawthorne, 33 Md. 596.

This section referred to in deciding that letters of administration granted where
there is an executor named in will not disqualified and not excluded from acting in
conformity with law are void. Kane v. Paul, 14 Pet. 33.

This section referred to as indicating that a final account so far as debts are con-
cerned must be stated before orphans' court can order legacies paid or distribution
made. Lowe v. Lowe, 6 Md. 355. C}. Clarke v. Sandrock, 113 Md. 422.

This section referred to in discussing commissions allowed for a partial adminis-
tration. In re Estate of Baxley, 47 Md. 560.

This section referred to in construing sec. 10—see notes thereto. Gunther v. State,
31 Md. 31.

This section referred to in construing sec. 170—see notes thereto. Thaw v. Falls,
136 U. S. 519.

Re. jurisdiction of orphans' court over real estate, see secs. 299 and 302 and notes.

Re. power of orphans' court to order resale in case purchaser defaults, see sec. 301.

Re. jurisdiction of orphans' court to order money brought into court or invested,
see sec. 251.