3000 ARTICLE 93.

appointed, the said court shall have cognizance of the affair, and shall
determine according to the testimony produced on both sides.

The notice required by two preceding sections distinguished from that required
by this section. Issues will not be granted on question of whether notice prescribed
by this section has been given, after action of orphans' court thereon. Time within
which a petition raising question of whether the requisite notice has been given
must be filed. Stanley v. Safe Deposit Co.. 88 Md. 405. And see Pacy v. Cosgrove,
113 Md. 320.

If a caveat has already been filed orphans' court cannot probate will until the
caveat is disposed of. The prescribed notice must also appear to have been given.
Keene v. Corse, 80 Md. 22.

When a decision is made between opposing parties, it is a judgment in rem con-
clusively establishing validity vel non of will. The court has no power to pass on
the probate of will until it is presented for that purpose. Emmert v. Stouffer, 64
Md. 553; Pleasants v. McKenney, 109 Md. 277; Worthington v. Gittings, 56 Md.
547.

Where a will is presented with a petition stating that it is not will of deceased,
and only testimony on behalf of those assailing the will is heard, those in favor
of will being given no opportunity to be heard, orphans' court is without jurisdic-
tion to decide question of probate. Emmert v. Stouffer, 64 Md. 553.

A question as to whether notice required by this section has been given cannot
be raised for first time in court of appeals after argument there. Stanley v. Safe
Deposit Co., 87 Md. 458.

Cited but not construed in Campbell v. Porter, 162 U. S. 483.

See notes to secs. 348, 353 and 354.

An. Code, sec. 346. 1904, sec. 339. 1888, sec. 330. 1798, ch. 101, sub-ch. 2, secs. 9, 10.

356. If any person whatever shall enter a caveat against such will or
codicil, either before or after it shall be exhibited to the register of wills
or orphans' court, the said caveat shall be decided by the court. If any
person shall enter a caveat against any will or codicil of which probate
shall have been taken by the register as aforesaid, no letters testamentary
shall be granted until a determination shall be had in the orphans' court.

This section gives orphans' court jurisdiction to decide caveats, and when issues
have been properly submitted and fairly passed upon, decision of the court is final
and binding unless reversed. This is equally true where issues are passed upon
by orphans' court as where they are passed upon by a jury. McDaniel v. McDaniel,
86 Md. 626. And see Offutt v. Gott, 12 G. & J. 386.

The caveat of a will in the orphans' court distinguished from a caveat in equity
against a patent. Cunningham v. Browning, 1 Bl. 324.
Cited but not construed in Campbell v. Porter, 162 U. S. 483.
As to issues, see secs. 262 and 264 and notes.
See notes to secs. 348 and 354.

An. Code, sec. 347. 1904, sec. 340. 1888, sec. 331. 1798, ch. 101, sub-ch. 2, sec. 12.

1890, ch. 416.

357. Every executor or other person exhibiting a will shall be examined
on oath whether or not he knows of any other will or codicil, and in what
manner the will or codicil exhibited came into his hands.

This section demands evidence (1) as to whether will exhibited is last will of
testator and (2) as to its custody. The first point is jurisdictional to the extent
that court must be satisfied as to it before probate; the probate would not be
affected, however, by failure to examine person exhibiting will as provided by this
section, if court has secured the information from other sources. This section con-
strued in connection with secs. 331, 332, 360 and 363. Intent of this section. Probate
not procured by fraud; failure to notify brother, etc. Snyder v. Snyder, 142
Md. 294.

Cited but not construed in Campbell v. Porter, 162 U. S. 483.
See notes to secs. 348 and 354.