ART. 93] ORPHANS' COURT. 593

be, and warning such absentee to appear on or before the day
fixed in such order, and show cause why the will or codicil should
not be probated, and letters testamentary granted thereon, or
letters of administration granted, if there be no will; and such
notice shall be published as the court may direct, not less, how-
ever, than once a week, for four successive weeks, fifteen days
before the day fixed by such order for the appearance of the
absentee; and if no appearance be made, the court may, if it see
fit, summon before it, and examine, under oath, any relations or
friends of such absentee, respecting his absence, and if no infor-
mation or evidence shall be obtained indicating the probable
existence of such absentee, the court may judicially determine
such absentee to be dead, and may proceed to probate the will or
codicil in the usual manner, and to grant letters testamentary
thereon, or to grant letters of administration, as the case may be,
as upon the estate of a deceased person; and such probate and
such letters, either testamentary or of administration, when
granted, shall have the same force and effect as if granted upon
the estate of a person proven by direct testimony to be dead.

1890, ch. 425.

232. The court may on the application of any infant or any
one in his behalf suggesting improper conduct in any guardian
whatever, either in relation to the care and management of the
property or person of the infant, or physical or mental incapacity
of the guardian to properly fulfill his duties and the purposes of
the office, or any other matter or thing whereby it appears that
the guardian is or has become unable to bestow such direct per-
sonal care and supervision over the person or estate of his ward
as is requisite to the proper discharge of the duties of guardian-
ship, inquire into the same, and at its discretion, remove such
guardian and make choice of another who shall give security and
conduct himself in the manner herein prescribed and shall
receive the property and custody of the said ward.
McGill v. McEvoy, 85 Md. 293.

1892, ch. 275.

249. The orphans' court may, in all cases of controversy
therein, upon the application of either party, direct plenary pro-
ceedings by bill or petition, to which there shall be an answer on
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