ART. 93.] ADMINISTRATION BY AN EXECUTOR. 1333

P. G L., (1860,) art. 93, sec. 52. 1798, ch. 101, sub-ch. 4, sec. 1.

52. If any person named as executor in a will shall be, at the
time when administration ought to be granted, under the age of
eighteen years or of unsound mind, incapable according to law
of making a contract, or convict of any crime rendering him
infamous according to law, or if any person named as executor
shall not be a citizen of the United States, letters testamentary
or of administration (as the case may require) may be granted in
the same manner as if such person had not been named in the
will.

Davis v. Jacquin, 5 H. & J. 110 Georgetown College v. Browne, 34 Md. 450.

Ibid. sec. 53. 1798, ch. 101, sub-ch. 4, sec. 2.

53. No question respecting infamy, citizenship or competent
age shall be determined by the orphans' court without summon-
ing the person so named in the will and alleged to be infamous,
alien or under age; provided, he be within the State, or without
giving such notice by advertisement or otherwise, as the court
shall direct, (in case he be out of the State,) and hearing in case
the party shall attend agreeably to summons or notice.

Ibid. sec. 54. 1798, ch. 101, sub-ch. 4, sec. 8.

54. A transcript of the record of conviction shall be evidence
in the orphans' court to prove the party infamous.

Ibid. sec. 55. 1798, ch. 101, sub-ch. 4, sec. 4.

55. When any person so named as an executor in a will shall
be alleged to be an alien, or not a citizen of the United States,
his citizenship shall not be established otherwise than by a certifi-
cate under the seal of the office or court where the party became
naturalized, or by competent testimony that the said person is a
natural born citizen of the State or of the United States, or that
the person is or was the wife of a citizen of the United States
and resides therein.

Ibid. sec. 56. 1798, ch. 101, sub-ch. 4, sec. 5.

56. Any inquisition of a jury on a writ issued from a court of
equity finding the party an idiot, lunatic or non compos mentis,
and confirmed by the court, shall be conclusive evidence of the