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1935 Cumulative Supplement to the Annotated Code of the Public General Laws of Maryland
Volume 378, Page 1230   View pdf image (33K)
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1230 ARTICLE 93.

256.

Cited but not construed in Marbury v. Ward, 163 Md. 334.
See notes to sec. 252.

257.

Cited but not construed in Marbury v. Ward, 163 Md. 334.
See notes to sec. 252.

263.

Where both former administrator and new administrator claim property and
both are in Orphans' Court, whose powers are adequate, that court may direct
plenary proceedings under this section with right to issues under sec. 264. See
notes to sec. 252. Anderson v. Curran, 155 Md. 546.

As against administratrix, there is no need to resort to equity for discovery
or account in respect to assets of deceased. Street v. Stubblefield, 20 F. (2nd),
(Ct. Apps., D. C. ), 1019.

An order of Orphans' Court that all persons interested in will, appear and
answer involves determining who are lawfully interested and thereafter decide
whether persons applying shall be made parties, held not to be final order
from which appeal may be taken. Collins v. Cambridge Hospital, 158 Md. 112.

Administrator cannot compel third party not interested in estate to come Into
the Orphans' Court to have dispute between it and administrator determined.
Dulin v. Talbot Bank, 163 Md. 296.

In issues transmitted to it by Orphans' Court, the Circuit Court has limited
statutory jurisdiction under this section and sec. 264. Holland v. Enright, 167
Md. 604.

264.

Issue as to caveator's knowledge of facts affecting integrity of will, when he
accepted legacy thereunder, should have been granted. Schmidt v. Johnston,
154 Md. 133.

Orphans' Court has no jurisdiction to pass order directing caveators to pay
costs in Circuit Court without certification from Circuit Court of its findings
thereon and costs in connection therewith. Greenhawk v. Quimby, Daily Record,
March 19, 1935.

This section does not authorize denial of issues on ground that motives can-
not be approved. Garner v. Garner, 167 Md. 428.

See notes to secs. 263 and 252.

265.

Right of appeal from order appointing administrator ad litem not waived by
intermediate procedure. Lewis v. Mason, 156 Md. 35.

Cited but not construed in Collins v. Cambridge Hospital, 158 Md. 116.

269.

See notes to sec. 253.

270.

Cited but not construed in Murray v. Hurst, 163 Md. 489.

For the court to exercise the power given it by this section to authorize execu-
tor to compromise claims, the essential facts relating thereto should be pre-
sented to the court; money advanced, services rendered, counsel fees, etc. Mc-
Clusky v. Kalben, 167 Md. 479.

271.

This section referred to—see notes to sec. 5. Mudge v. Mudge, 155 Md. 3.
This section referred to—see notes to sec. 252. Anderson v Curran 155 Md
542.


 

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1935 Cumulative Supplement to the Annotated Code of the Public General Laws of Maryland
Volume 378, Page 1230   View pdf image (33K)
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