1396 TESTAMENTARY LAW. [ART. 93.

P. G. L., (1860,) art. 93, sec. 249. 1798, ch. 101, sub-ch. 15, sec. 16.

249. The orphans' court may, in all cases of controversy
therein, upon the application of either party, direct a plenary
proceeding by bill or petition, to which there shall be an answer
on oath; and if the party refuse to answer any matter alleged in
the bill or petition proper for the court to decide upon, he may
be attached, fined, and committed, or his property may be
attached and sequestered.

Davis v. Calvert, 5 G. & J 269. Smith v. Young, 5 Gill, 197. Brooke v.
Townshend, 7 Gill, 10. Marriott v. Handy, 8 Gill. 31. Ramsey v. Glass, 9
Gill, 56. Glass v. Ramsay, 9 Gill, 456. Pegg v. Warford, 4 Md 385. War-
ford v. Van Sickle, 4 Md. 397. Warford v.Colvin, 14 Md. 532. Cover v.
Stockdale, 16 Md. 1. Yingling v. Hesson, 16 Md. 112. Peters v. Peters, 20
Md. 178. Warford v. Colvin, 20 Md. 357. Cook v.Carr, 20 Md. 410. Mills v.
Hume's Exrs, 23 Md. 346. Cannon v. Crook, 32 Md. 282. Worthington v.
Gittings, 56 Md. 542. Brown v. Johns. 62 Md. 333. Johns v. Hodges, 62 Md.
625.

Ibid. sec. 250. 1798, ch. 101, sub-ch 15, sec. 17. 1886, ch. 498.

250. On such plenary proceeding, all the depositions shall be
taken in writing and recorded, and if either party require it, the
court shall direct an issue or issues to be made up and sent to any
court of law convenient for trying the same, and the issues shall
be tried in the said court of law as soon as convenient, without
any continuance longer than may be necessary to procure the
attendance of witnesses; and the power of the court of law and
the proceedings thereto relative shall be as directed by law re-
specting the trial of issues, and the orphans' court shall give
judgment or decree upon the bill and answer and depositions or
the finding of the jury, and may in all cases of contest, award
costs, in their discretion, and compel payment by attachment and
fine, or by attachment and sequestration, or by fieri facias.

Ibid. Price v. Moore, 21 Md 374. Browne v Browne, 22 Md. 115. Waters
v. Waters, 23 Md. 72. Levy o. Levy, 28 Md. 25. Cooke v. Cooke, 20 Md. 539.
Redman v. Chance, 32 Md. 42. Munnikhuysen v Magraw, 35 Md. 280. Hub-
bard v. Barcus, 33 Md. 166. Williamson o. Montgomery, 40 Md. 373. Mason.
Poulson. 43 Md. 172. Sumwalt v. Sumwalt, 52 Md. 338.

Ibid. sec. 251. 1818, ch. 204, sec. 3.

251. In all cases of plenary proceedings, or caveat filed in any
cf the orphans' courts of this State, where any motion or appli-