3456 ARTICLE 93

husband, wife, child, children or other heirs at law, said application to
be signed by the party applying for said letters, and who shall make oath
to the truth of the statements contained in said application, to the best
of their knowledge, information and belief. This Section shall only apply
to Cecil County.

An. Code, 1924, sec. 245. 1912, sec. 236. 1904, sec. 235. 1888, sec. 231. 1798, ch. 101,

sub-ch. 15, sec. 12.

245. The orphans' court shall have full power, authority and juris-
diction to examine, hear and decree upon all accounts, claims and demands
existing between wards and their guardians, and between legatees or per-
sons entitled to any distributive share of an intestate's estate, and execu-
tors and administrators, and may enforce obedience to and execution of
their decrees in the same ample manner as the courts of equity in this
State. They shall keep a seal for their several courts, and for the office
of the register of wills of their county; and the said seal shall be affixed
to all certificates of the court or of the register, and to every process and
writ issued from the court.

Power to order investigations to be made out of Court, to discover facts, has generally
been regarded as extraordinary, and not within judicial functions. Tsaracklis v. Charack-
lis, 176 Md. 32.

This section gives orphans' court jurisdiction to determine whether widow has made
a selection of property under sec. 321, and if so, whether such selection is valid. Crow
v. Hubbard, 62 Md. 565.

The orphans' court has power under this and preceding section to compel executor
of deceased executor, to account for money belonging to first executor's decedent—see
sec. 11. Hignutt v. Cranor, 62 Md. 216; Muncaster v. Muncaster, 23 Md. 288; Fulford
v. Fulford, 153 Md. 89.

Under this section orphans' court has jurisdiction to inquire as to whether an executor
has made a profit by dealing with his testator's assets—see notes to sec. 299. Gephart v.
Strong, 20 Md. 527.

An order of orphans' court upon a petition, answer and consent of parties, adjudg-
ing an amount to be due a legatee, upheld under this section. Ruby v. State, 55 Md. 491.

The orphans' court has no power under this section to order executor to pay legacies
or make distribution until a final account in regard to debts has been passed—see
notes to secs. 148 and 149. Lowe v. Lowe, 6 Md. 353. Cf. Clarke v. Sandrock, 113 Md. 426.

Under this section orphans' court only has jurisdiction of suits against an executor
for an account, at instance of legatee or next of kin. Randall v. Hodges, 3 Bl. 483.

This section applies only to contested questions inter partes, and not to ex parte
proceedings. Conner v. Ogle, 4 Md. Ch. 451.

This section referred to in construing sec. 151—see notes thereto. Alexander v. Leakin,
72 Md. 202. (See notes to sec. 243.)

Cited but not construed in Harlan v. Hunter, 170 Md. 517; Blum v. Fox, 173 Md. 533.

See notes to sec. 243.

An Code, 1924, sec. 246. 1912, sec. 237. 1904, sec. 236. 1888, sec. 232. 1798, ch. 101,
sub-ch. 15, sec. 12. 1890, ch. 425.

246. The court may on the application of any infant or any one in
his behalf suggesting improper conduct in any guardian whatever, either
in relation to the care and management of the property or person of the
infant, or physical or mental incapacity of the guardian to properly ful-
fill his duties and the purposes of the office, or any other matter or thing
whereby it appears that the guardian is or has become unable to bestow
such direct personal care and supervision over the person or estate of his
ward as is requisite to the proper discharge of the duties of guardianship,
inquire into the same, and, at its discretion, remove such guardian and
make choice of another who shall give security and conduct himself in the
manner herein prescribed and shall receive the property and custody of
the said ward.

In case of any ill treatment or neglect of duty on part of guardian toward ward, thie
section presents remedy. Lefever v. Lefever, 6 Md. 478.