APPEALS AND ERRORS 329

such order or decree appealed from; and the register of wills shall make
out and transmit to the court of appeals, under his hand and the seal of
his office, a transcript of the record of proceedings in such case, within
thirty days after the appeal prayed; but in such transcript no paper or
proceeding, not necessary to the determination of the appeal, shall be
incorporated.

An application for a revocation of letters need not be filed within thirty days from
the grant of such letters, but within the time, after knowledge of the order granting
letters, provided by law within which an original application for letters may be made.
Burgess v. Boswell, 139 Md. 680.

An appeal from an order admitting a will to probate will not be considered unless
taken within thirty days after its date. The propriety' of an order cannot be deter-
mined where the facts upon which the orphans' court passed the order are not in the
record. Wilson, in re Martin, 135 Md. 197.

On an appeal from an order of the orphan's court annulling a guardian's bond, the
propriety of an order of that court removing the guardian will not be considered,
since an appeal from the latter order was not taken within thirty days. Culver v. Cooke,
133 Md. 686.

Ordinarily a petition asking that an order admitting a will to probate and granting
letters testamentary be revoked should be filed within thirty days from the time when
such order comes to the knowledge of the petitioner, or at least some sufficient reason
for not doing so must be shown; if, however, fraud is alleged, the petitioner will be
given a reasonable time within which to file his petition after discovery of the fraud.
Petitioner held to have failed to exercise due diligence. Fraud not established. Didier v.
Carr, 115 Md. 267.

Cited but not construed in Houston v. Wilcox, 121 Md. 95.

An appeal from the judgment of a law court on issues sent from the orphans' court,
does not come under the operation of this section. Hoppe v. Byers, 60 Md. 395.

Appeal held to have been taken in time. Wrightson v. Tydings, 94 Md. 360.

Appeal dismissed for not having been taken in time. Porter v. Timanus, 12 Md. 292;
Mayhew v. Soper, 10 G. & J. 372; Sewell v. Sewell, 1 H. & G. 10. And see Billingslea v.
Henry, 20 Md. 285; Brinsfield v. Mather, 166 Md. 473.

Where the record is not transmitted to the appellate court within the required time,
the appeal will be dismissed notwithstanding an agreement of counsel to the contrary.
Powell v. Curtis, 78 Md. 500.

This section applied by analogy. Stanley v. Safe Deposit Co., 88 Md. 407; Redman v.
Chance, 32 Md. 53.

Cited but not construed in Schwallenberg v. Jennings, 43 Md. 556.

Petition asking revocation of probate of will must be filed within thirty days after
actual or constructive knowledge of probate. Perrin v. Praeger, 154 Md. 550. And see
Hunter v. Baker, 154 Md. 330 (involving petition to revoke order or decree of or-
phans' court; what amounts to constructive knowledge).

Appeal not taken in time, dismissed. In re Estate of Knight, 144 Md. 378; Marx v.
Reinecke, 145 Md. 320.

Cited in Goldsborough v. DeWitt, 171 Md. 255.

See notes to secs. 45 and 46. Cf. secs. 6, 7, 36 and 37, and notes.

An. Code, 1924, sec. 67. 1912, sec. 63. 1904, sec. 63. 1888, sec. 61. 1798, ch. 101,
sub-ch. 2, sec. H. 1798, ch. 102, sub-ch. 15, sec. 18.

67. The court of appeals shall either affirm the decree, judgment,
decision or order of the court below, or direct in what manner it shall be
changed or amended; and the decision of the court of appeals shall be final
and conclusive, and when certified under the seal of the court and trans-
mitted to the orphans' court, the orphans' court shall proceed according
to the tenor and directions thereof.

Where claims were allowed without sufficient proof, the case was remanded to the
orphans' court for further testimony. Bowling v. Lamar, 1 Gill, 366.

The court of appeals only renders such judgment as the orphans' court should have
rendered, and hence the judgment is not conclusive as respects the rights of the parties
to the cause. Levering v. Levering, 64 Md. 414.

An. Code, 1924, sec. 68. 1912, sec. 64. 1904, sec. 64. 1888, sec. 62. 1798, ch. 101,

sub-ch. 15, see. 19.

68. An appeal from the orphans' court shall not stay any proceedings
therein which may with propriety be carried on before the appeal is decided,
if the said orphans' court can provide for the conforming to the decision