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The Maryland Code, Public General Laws, 1888
Volume 389, Page 1398   View pdf image
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1398 TESTAMENTARY LAW. [ART. 93-

1888, ch. 249.

255. The orphans' court shall have power, ex officio, to order
any executor, administrator or guardian, who appears, by the
records of said courts or of the register of wills, to be in default
in respect to the rendering of any inventory, the returning of
any report, statement, return of any kind, or to the fulfilment of
any duty in said courts, to be summoned to appear before the
court on some certain day to be named in the summons, and
fulfil his duty, on pain of revocation of his letters testamentary,
or of administration, or guardianship, and it shall be the duty of
the registers of wills, from time to time, to inform the orphans'
courts of such default so appearing; upon such order a letter
shall be addressed by the register of wills, and fee sent by him
by mail to the person so appearing by him to be in default, at
his post-office or place of address, informing him of such order;
and for the sending of such letter the register shall receive
twenty-five cents from such person, if, on appearing, he is found
to be in default; if the person, so appearing to be in default,
does not appear in court in answer to the letter, the court may
order him to be summoned by the sheriff, and on his appearing
may pass such order as may be just in the premises; and, upon,
his not appearing after having been duly summoned, the court
may revoke his letters testamentary, or of administration, or-
guardianship; upon any such revocation, the court may, at its
discretion, order that the parties interested, or any one or more
of them may be summoned to appear, and may make such order
or appointment as the laws of the State and justice may require.
But no guardian shall be thus summoned ex officio to appear
before the court after his ward has arrived at legal age; nor shall
any executor or administrator be thus summoned ex officio after-
more than three years have elapsed since his default.

P. G. L., (1860,) art 93, sec. 252. 1798, ch. 101, sub-ch. 15, sec. 20. 1886, ch. 164,

256. The orphans' court shall not, under pretext of incidental
power or constructive authority, exercise any jurisdiction not
expressly conferred by law, but every judgment, decree, decision
or order of the said court may be enforced by attachment and
sequestration as aforesaid; and if the said judgment, decree,
decision or order be for the payment of money the property

 

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The Maryland Code, Public General Laws, 1888
Volume 389, Page 1398   View pdf image
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