TESTAMENTARY LAW 3469

This section referred to in discussing the jurisdiction of equity to appoint a guardian.
Corrie's Case, 2 Bl. 502.

As to jurisdiction of orphans' court to allow a guardian to exceed in expenditures
income of a ward's estate, as to personalty and also as to real estate, see sec. 174.

Costs and counsel fees.

The powers of orphans' court cannot be extended by construction or implication.
The power to allow a fee for advice given an administrator in his individual capacity
and before his appointment denied. Flater v. Weaver. 108 Md. 677. And see Browne v.
Preston, 38 Md. 380; Townshend v. Brooke, 9 Gill, 91.

The orphans' court has no power to allow residuary legatees costs and counsel fees
incurred in fighting claim of executrix. Bell v. Funk, 75 Md. 371.

Generally.

Orphans' Courts are Courts of special limited jurisdiction and are confined to the
letter of their authority. Baldwin v. Hopkins, 171 Md. 100; Talbot Packing Corp. v.
Wheatley, 172 Md. 369.

ated in Goldsborough v. DeWitt, 171 Md. 266.

Cited in dissenting opinion in Fay v. Fay, 172 Md. 582.

Orphans' Court does not have power to order decedent's grave opened to determine
whether burial charges, as stated in administrator's account, were excessive. Tsaracklis
v. Characklis, 176 Md. 32.

The jurisdiction of orphans' court is limited to inquiries relative to the probate,
such as testamentary capacity, fraud, undue influence and execution of the will. Courts
of law and equity must determine what passes under will, and questions of title de-
pendent upon operation and effect of will, and decide upon right of disposition. Schull
v. Murray, 32 Md. 15. And see Ramsey v. Welby, 63 Md. 588; State v. Warren, 28 Md.
356; Blackburn v. Craufurd, 22 Md. 466; Michael v. Baker, 12 Md. 169; Spencer v.
Ragan, 9 Gill, 482.

Orphans' courts are courts of special limited jurisdiction, and are confined to letter
of their authority. They must exercise their powers in accordance with law, and neces-
sary Jurisdictional facts must not be left to inference but must affirmatively appear upon
face of their proceedings. This section referred to in construing art. 21, sec. 99—see
notes thereto. Norment v. Brydon, 44 Md. 116; Taylor v. Bruscup, 27 Md. 225; Lowe
v. Lowe, 6 Md. 352; Conner v. Ogle, 4 Md. Ch. 452.

This section does not militate against authority of orphans' court to determine who
are next of kin and entitled to distribution under sec. 243—see notes thereto. Blackburn
v. Craufurd, 22 Md. 466. Cf. Ramsey v. Welby, 63 Md. 588; State v. Warren, 28 Md. 356.

The orphans' court has no jurisdiction to determine validity and amount of claims
due creditors, although such claims may be passed for payment. Levering v. Levering,
64 Md. 413; Schwallenberg v. Jennings, 43 Md. 559; Bowie v. Ghiselin, 30 Md. 556;
Miller v. Dorsey, 9 Md. 323.

The orphans' court has no jurisdiction to pass on title to personal property except
under sec. 253 on a charge of concealment by administrator. How other questions
of title to personal property may be determined. Fowler v. Brady, 110 Md. 208,

This section construed in connection with art. 16, sec. 104. The jurisdiction of orphans'
court closes when executor has fully settled his accounts; hence said court has no juris-
diction thereafter to pass upon title to real estate sold by a trustee who is also execu-
tor. Equity alone can enforce a trust. Blumenthal v. Moitz, 76 Md. 566. And see
Taylor v. Bruscup, 27 Md. 219; Gable v. Cheston, 51 Md. 380.

The orphans' court has no jurisdiction to determine question of sanity of applicant
for letters—see sec. 60 and notes. Kearney v. Turner, 28 Md. 425.

An order of court directing property remaining in hands of administrators to be paid
over to certain parties without notice, etc., provided in sec. 151, held invalid under this
section. Conner v. Ogle, 4 Md. Ch. 451.

The orphans' court has no jurisdiction to decree return to administrator of goods
taken by surety under order, of court, counter security having been demanded and
not given. Right of action in such case. Scott v, Burch, 6 H. & J. 79.

The orphans' court has no jurisdiction upon ex parte application of a widow, to
order a sale of real estate devised to her for life and after her death to be sold by
executors. Snook v. Munday, 90 Md. 702.

The orphans' court has no jurisdiction where a petition merely alleges the insertion
in inventory of property which belongs to petitioner. Spencer v. Ragan, 9 Gill, 482.

Orphans' court has inherent power to correct by revocation, etc., errors into which
it has fallen. 'In re Stratton, 46 Md. 553; Raborg v. Hammond, 2 H. & G. 51.

The orphans' court has no power to adjust equities resulting from the vacating of
a sale. Eichelberger v. Hawthorne, 33 Md. 596.

This section referred to in deciding that letters of administration granted where
there is an executor named in will not disqualified and not excluded from acting in
conformity with law are void. Kane v. Paul, 14 Pet. 33.

This section referred to as indicating that a final account so far as debts are con-
cerned must be stated before orphans' court can order legacies paid or distribution
made, Lowe v, Lowe, 6 Md. 355. Cf. Clarke v. Sandrock, 113 Md. 422.