3454 ARTICLE 93

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.

Power of the orphans' court.

The Orphans' Court has authority to pass orders relating to the settlement and dis-
tribution of estates and unless appealed from, such orders cannot be attacked by send-
ing to a court of law to be answered by a jury. Goldsborough v. De Witt, 169 Md. 473.

This section constitutes affirmative limitation upon power of Orphans' Courts to de-
termine question of title as between administrator and separate claimant. Talbot Pack-
ing Corp. v. Wheatley, 172 Md. 370.

Where administrator distributes estate improperly, proper distributees may maintain
action on bond without previous finding by Orphans' Court as to wrongful distribution.
State v. Swift, 170 Md. 105.

Cited but not construed in Baldwin v. Hopkins, 172 Md. 226.

The orphans' court has power under this section and sec. 245 to determine question
of ademption of legacy; and also questions of advancement, and of what are assets,
and who are legatees and next of kin, and what is given them by will; some of which
questions necessarily involve construction of the will. Gallagher v. Martin, 102 Md. 118;
Wilson v. McCarty, 55 Md. 283; Pole v. Simmons, 45 Md. 249; Belt v. Blackburn, 28
Md. 243; Blackburn v. Craufurd, 22 Md. 465; Kennaday v. Sinnott, 179 U. S. 614. Cf.
Ramsey v. Welby, 63 Md. 588; State v. Warren, 28 Md. 356; Redwood v. Howison, 129
Md. 592.

An application for letters is one over which orphans' court has full jurisdiction under
this section. Prosecution for perjury. State v. Mercer, 101 Md. 540.

Under this section and sec. 145 orphans' court has power to divide leasehold prop-
erty among parties entitled although some of them are infants. Williams v. Holmes,
9 Md. 287.

The orphans' court has power to determine whether a widow takes an interest in her
deceased husband's estate notwithstanding a divorce a mensa; and if so, what interest
she takes. Hokamp v. Hagaman, 36 Md. 518.

The powers of orphans' court are adequate to protect the interest of those concerned
in faithful performance of duties of an administrator; there is, therefore, no ground
for interference of equity. Lee v. Price, 12 Md. 256; Crothers v. Crothers, 121 Md. 119.

The orphans' court has power under this section and sec. 245 to entertain a peti-
tion charging that an administrator has received money for which he has failed to
account, and praying for an account. Cummings v. Robinson, 95 Md. 87; Muncaster v.
Muncaster, 23 Md. 288; Crothers v. Crothers, 121 Md. 119.

The orphans' court has jurisdiction under this section and sec. 245 where petition
prays a rescission of an order passing administration account, and that account be
re-stated. Stonesifer v. Shriver, 100 Md. 28.

If an administrator is guilty of fraud, or fraudulently withholds money, this section
confers jurisdiction upon orphans' court to remove administrator. Fraud not proven.
Purpose of this section. Jones v. Harbaugh, 93 Md. 282; Carey v. Reed, 82 Md. 396.

Under this section court has power to revoke letters and appoint new personal repre-
sentative; this is true although administration be an ancillary one. Dalrymple v.
Gamble, 66 Md. 305; Raborg v. Hammond, 2 H. & G. 42.

Although where a question of title to real estate is involved, the matter is beyond
the jurisdiction of orphans' court, that court has the power to determine who are next
of kin, and if ultimate distribution of property is controlled by sec. 340, orphans' court
has jurisdiction. Necessary and proper parties to proceedings in orphans' court. Mc-
Comas v. Wiley, 132 Md. 410.

The orphans' court has no jurisdiction to administer a continuing trust; it is, however,
for most purposes forum in which to settle estates of decedents. It cannot be said gen-
erally that orphans' court has no power to construe wills, since that would be to deny
it power to approve an administration account by which payments of legacies are made.
To give equity jurisdiction, some special circumstances must appear, such as a trust
devolved on a trustee about which he is doubtful. The termination vel non of a trust
may present questions of extreme difficulty, and orphans' court has no authority to ad-
judicate such questions, they being vested solely in equity courts. Hagerstown Trust
Co., Executor of Mealey, 119 Md. 232; Redwood v. Howison, 129 Md. 592.

The orphans' court has adequate power and jurisdiction in every case in which their
general powers enable them to act; extent of such powers. The court may determine
the question of when an additional or amended inventory or appraisement of real
estate should be had and hear evidence in relation to it. The orphans' court, however,
has no power to determine question of title to real estate. See notes to art. 81, sec. 115.

Wingert v. State, 125 Md. 541.