TESTAMENTARY LAW 3467

An. Code, 1924, sec. 266. 1912, sec. 257. 1904, sec. 256. 1888, sec. 252. 1798, ch. 101,
sub-ch. 8, sec. 12. 1841, ch. 178, sec. 1.

267. The several orphans' courts of this State shall have power, with
the consent of both parties, to be entered on their proceedings, to arbitrate
between, a claimant and an executor or administrator, or between an execu-
tor and a person against whom he has a claim, or the dispute may by the
parties be referred to any person or persons approved by the orphans' court.

No appeal lies whether reference of question to orphans' court is made under this
section, or to judges as individuals; and fact that agreement of reference provides for
appeal is immaterial. Strite v. Reiff, 55 Md. 94 (distinguishing Woods v. Matchett
47 Md. 394).

This section refers only to claims against estate of a decedent which are asserted
against executor in his fiduciary character; it has no reference to personal debts of
executor. Agreement of reference held to be under this section, orphans' court not
being mere arbitrators selected by the parties. Browne v. Preston, 38 Md. 379.

This and the two following sections point out only way in which orphans' court can
pass upon validity of a claim, or sufficiency of defense thereto. Bowie v. Ghiselin,
30 Md. 557.

A party may except to award of an arbitrator on ground of usury although no such
defense was made before arbitrator. Orphans' court has power to remand a case to
arbitrator. Woods v. Matchett, 47 Md. 395.

Cited but not construed in Flater v. Weaver, 108 Md. 672; Prudential Ins. Co. v.
Cottingham, 103 Md. 322; Wisner v. Wilhelm, 48 Md. 10.

As to arbitration and award, see also art. 7, and art. 75, sec. 50, et seq.

An. Code, 1924, sec. 267. 1912, sec. 258. 1904, sec. 257. 1888, sec. 253. 1834, ch. 228, see. 2.

268. No award made under an order of the orphans' court returned
to said court shall be confirmed until after notice of the award shall have
been given to the parties to the reference or their representatives; and any
party may file exceptions, or show cause against the award, upon any
ground on the face of it or extrinsic thereto, and the court may confirm or
reject the same, and remand the case to the referees for a new award or
appoint new referees.

An award is void of effect if not ratified by court; unless perhaps such defect may
be cured by act of parties. Dement v. Stonestreet, 1 Md. 123.

See notes to sec. 267.

An. Code, 1924, sec. 268. 1912, sec. 259. 1904, sec. 258. 1888, sec. 254. 1834, ch. 228, sec. 2.

269. The orphans' court may make such rules respecting the notice
to be given in cases of awards and exceptions, and showing cause and a
hearing in the premises, as they deem reasonable.

See notes to sec. 267.

An. Code, 1924, sec. 269. 1912, sec. 260. 1904, sec. 259. 1888, sec. 255. 1888, ch. 249.

270. The orphans' court shall have power ex officio to order any execu-
tor, administrator or guardian, who appears, by the records of said courts
or of the register of wills, to be in default in respect to the rendering of
any inventory, the returning of any report, statement, return of any kind,
or to the fulfilment of any duty in said courts, to be summoned to appear
before the court on some certain day to be named in the summons, and
fulfil his duty, on pain of revocation of his letters testamentary, or of
administration, or guardianship, and it shall be the duty of the register
of wills, from time to time, to inform the orphans' court of such default
so appearing; upon such order a letter shall be addressed by the register
of wills, and be sent by him by mail to the person so appearing by him to
be in default, at his postoffice or place of address, informing him of such
order; and for the sending of such letter the register shall receive twenty-
five cents from such person, if, on appearing, he is found to be in default;