TESTAMENTARY LAW. 1229

after judgment. He may, in actions previously brought against such
representative, be substituted as defendant, upon like suggestion by him-
self or the plaintiff, and shall be then entitled to a reasonable time in
which to prepare for trial. Judgments 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 supposed decedent as defendant in
any case of judgments as aforesaid, it shall become a lien upon his prop-
erty 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.

Presumption is that life continued during seven-year period; no justification
for finding that death occurred on day insured last seen. This section declara-
tory of common law. No presumption as to date of death. See notes to sec. 16.
English v. United States, 25 F. (2nd), (Dist. Ct. Md. ), 335.

This section referred to in discussing equity jurisdiction over estates. Boland
v. Ash, 145 Md. 476.

245.

To second note to this section, page 2954, vol. 2, of Code, add Fulford v. Ful-
ford, 153 Md. 89.

246.

See art. 72A.

251.

This section referred to re jurisdiction in divorce case—see notes to art. 16,
sec. 37. Lowe v. Lowe, 150 Md. 603.

252.

Jurisdiction of Orphans' Court under this section and secs. 253, 256 and 257,
not affected by fact that former administrator claims title to securities also
claimed by new administrator. When equity will assume jurisdiction; injunc-
tion preventing access to safe deposit box. See notes to sec. 263. Anderson v.
Curran, 155 Md. 544.

Cited but not construed in Mobley v. Mobley, 149 Md 410 (see notes to sec.
53).

Petition charging concealment of assets, but alleging they were in defendant's
possession as collateral for loan, without alleging that loan had been paid, is
not sufficient to confer jurisdiction on Orphans' Court. Hopper v. Hopkins, 162
Md. 448.

Cited but not construed in Marbury v. Ward, 163 Md. 334.

253.

Orphans' Court has authority under this section and sec. 269 to compel
obedience to its order and to revoke letters; effect of final account. Marx v.
Reinecke, 145 Md. 320.

To first note to this section beginning on page 2959, vol. 2, of Code, add
Anderson v. Curran, 155 Md. 543.

To fourth note to this section, page 2959, vol. 2, of Code, add Fulford v. Ful-
ford, 153 Md. 88.

Cited but not construed in Marbury v. Ward, 163 Md. 334.

See notes to sec. 252.