TESTAMENTARY LAW 3391

be made in like manner and with like effect as if it were served personally
on such executor or administrator.

An. Code, 1924, sec. 52. 1912, sec. 51. 1904, sec. 50. 1888, sec. 51. 1798, ch. 101,

sub-ch. 3, sec. 13.

55. The following shall be the form of letters testamentary: Maryland,
ss: The State of Maryland to all persons to whom these presents shall
come, greeting:

Know ye, that the last will and testament of ————, of ————, deceased,
hath been in due form of law exhibited, proved and recorded in the office
of the register of wills for ———— county, a copy of which is to these
presents annexed, and administration of all the goods, chattels and credits
of the said deceased is hereby granted and committed unto ————, the
executor by the said will appointed. Witness, A. B., chief justice of the
orphans' court of ———— county, this ———— day of ————.
Test: C. D., register of wills for ———— county.

Where there is a certificate of register that letters testamentary were issued, fact
that they are not precisely in form prescribed by this section does not invalidate or
affect proceedings of executors. Parker v. Leighton, 131 Md. 412.

Since this section provides that letters shall be under seal, if they are issued without
a seal, they are invalid and not admissible in evidence; defect not cured by seal of
court authenticating copy of will. Tuck v. Boone, 8 Gill, 190 (decided prior to Codes
of 1860 and 1888).

An. Code, 1924, sec. 53. 1912, sec. 52. 1904, sec. 51. 1888, sec. 52. 1798, ch. 101,

sub-ch. 4, sec. 1.

56. If any person named as executor in a will shall be, at the time
when administration ought to be granted, under the age of eighteen years
or of unsound mind, incapable according to law of making a contract, or
convicted of any crime rendering him infamous according to law, or if any
person named as executor shall not be a citizen of the United States, letters
testamentary or of administration (as the case may require) may be
granted in the same manner as if such person had not been named in the
will.

The term "infamous crime" defined. Garitee v. Bond, 102 Md. 382.

An applicant for letters held not to be disqualified under this section. Stouffer v.
Stouffer, 110 Md. 372.

This section referred to in discussing the question of when a female is of legal age.
Davis v. Jacquin, 5 H. & J. 110.

Near relative adjudicated lunatic not qualified to act as administrator. See notes to
sec. 32. Mobley v. Mobley, 149 Md. 404.

See notes to sec. 46.

An. Code, 1924, sec. 54. 1912, sec. 53. 1904, sec. 52. 1888, sec. 53. 1798, ch. 101,

sub-ch. 4, sec. 2.

57. No question respecting infamy, citizenship or competent age shall
be determined by the orphans' court without summoning the person so
named in the will and alleged to be infamous, alien or under age, provided,
he be within the State, or without giving such notice by advertisement or
otherwise, as the court shall direct (in case he be out of the State), and
hearing in case the party shall attend agreeably to summons or notice.

An. Code, 1924, sec. 55. 1912, sec. 54. 1904, sec. 53. 1888, sec. 54. 1798, ch. 101,

sub-ch. 4, sec. 3.

58. A transcript of the record of conviction shall be evidence in the
orphans' court to prove the party infamous.