444

SETTLEMENT OP DECEDENTS' ESTATES. [ART. 50.

Id s 56
1798, c 101,
sub-c 4, a 5
Evidence of
unsound mind
28 Md 408.

64. Any inquisition of a jury on a writ issued from a court of
equity finding the party an idiot, lunatic, or non compos menu's, and
confirmed by the court, shall be conclusive evidence of the unsound
mind of the party; and if such inquisition shall not have been had
at the time when administration ought to be granted, a writ de lu-
natico inquirendo may issue by the Circuit Court or Orphans' Court
on the petition to either of said courts of any person interested;
and the finding of the jury that the party is an idiot, lunatic, or
madman, or non compos mentis, thereon returned and confirmed by
the court, shall be conclusive against the party, and a certificate
from the clerk of the court, under seal, stating the substance of

Proceedings

Id s 57
1798. c 101,
sub-c 4, s 6
Allegation of
being under
age

the proceedings, shall be evidence in the Orphans' Court, who may
thereon proceed as if the party had not been named in the will.
65. When a person named in a will as executor shall be alleged
to be under the age of eighteen 3 ears, it shall be incumbent on the
person making the allegation to establish the same by such proof as
is usually required in such cases.

Id s 58
1798, c 101,
sub-c 4, s 8
Married woman
not entitled to
letters unless
bond given by
husband
8 Md 317.

66. No married woman shall be entitled to letters testamentary,
but the same, or letters of administration, shall be granted in the
same manner as if she had not been named in the will, unless her hus-
band, with two sureties, give bond as aforesaid for her faithful per-
formance, and the bond of any executrix who is unmarried and above
eighteen, given as aforesaid, shall be binding in the same manner as
if she were of the full age of twenty-one years.

Id s 59
1798, c 101,
sub-c 4, s 7
Bond of execu-
tor above eigh-
teen and under
twenty-one
years

67. In case letters testamentary shall be granted to an executor
above eighteen and under twenty-one years of age, the bond by
him executed for faithful performance shall be binding as if he were
of full age.

COUNTER SECURITY.

Art. 91 s 1
1829, c 216, s 1
Securing or
counter-securi-
ties, etc, of
executor or
administrator,
may have coun-
ter-security.

68. If any security or any counter-security of an executor or
administrator, or any person interested in the estate of any such
security or counter-security, shall conceive himself in danger of
suffering from the security ship, he may apply to the Orphans' Court
which granted the administration, and the said court may require
the party to give counter-security, to be approved by the court, and
if the party when so required shall not, within a reasonable time,
fixed by the court, give such counter-security, the court may revoke
his letters and appoint a new administrator, and if the administra-

Administrator
failing to give,
Idlers may be
revoked

tor whose letters are revoked shall not, within a reasonable time, to
be fixed by the court, deliver over to such new administrator all the
property of the decedent remaining in his hands unadministered,

Administrator
to deliver prop-
erty to new
administrator.

and also all the books, bonds, notes, and evidences of debt, which
belong to or are due to the decedent, or which have been by him
taken as executor or administrator since the death of the decedent,
in his possession, and also pay over to such new administrator all

Delivery, how
compelled.

the money due by him as executor or administrator of the decedent,
the court may compel the delivery and payment over by attachment