|
1334 TESTAMENTARY LAW. [ART. 93.
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 lunatico 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 the proceedings, shall be evidence in the orphans'
court, who may thereon proceed as if the party had not been,
named in the will.
Kearney v Turner 28 Md. 408. Georgetown College v. Browne, 34 Md. 450-
P. G. L., (1860,) art. 93, sec. 57. 1798, ch. 101, sub-ch. 4, sec. 6.
57. When a person named in a will as executor shall be alleged,
to be under the age of eighteen years, it shall be incumbent on
the person making the allegation to establish the same by such,
proof as is usually required in Bach cases.
Ibid. sec. 58. 1798, ch. 101, sub-ch. 4, sec. 8.
58. 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
husband, with two sureties, give bond as aforesaid for her faithful
performance; 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.
Georgetown College v. Browne, 34 Md. 450.
Ibid. sec. 59. 1798, ch. 101, sub-ch. 4, sec. 7...
59. In case letters testamentary shall be granted to an executor
above eighteen and under twenty-one years of age, the bond exe-
cuted by him for faithful performance shall be binding as if he.
were of full age.
Administration by Collector.
P. G. L., (1860,) art. 93, sec. 60. 1798, ch 101, sub-ch. 3, sec. 14.
60. Letters ad colligendum may be granted by the orphans'
court of the county in which the will was proved or authenticated,
|
 |