2038 TESTAMENTARY LAW. [ART. 93

1888, art. 93, sec. 249. 1860, art. 93, sec. 249. 1798, ch. 101,
sub-ch. 15, sec. 16. 1892, ch. 275.

253. The orphans' court may, in all cases of controversy
therein, upon the application of either party, direct plenary
proceedings 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 prop-
erty may be attached .and sequestered; and the appearance of
the defendant or defendants to such bill or petition may be
compelled by writ of summons, order of publication or attach-
ment, as such appearance is now compelled to bills and
petitions in the circuit court for the counties, as courts of
equity, and the judges of the orphans' court and register of
wills shall have the same authority to order, issue and attest
such process respectively as the judges and clerks of said
circuit courts now have respectively, in cases in their courts.

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. Ramsay v. Glass, 9
Gill, 56. Class 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.. 22 Md. 346. Cannon v. Crook, 32 Md 482 Worthington
v. Gittings, 56 Md. 542. Brown v. Johns, 62 Md. 333. Johns v. Hodges,
62 Md. 525

Ibid, sec 250. 1860, art. 93, sec. 250. 1798, ch. 101, sub-ch. 15, sec. 17.

1886, ch 498.

254. 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 con-
venient, 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 respecting 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 pay-
ment by attachment and fine, or by attachment and sequestra-
tion, or by fieri facias.

Ibid. Price v Moore, 21 Md. 374. Browne v. Browne, 22 Md. 115.
Waters v Waters, 26 Md. 72 Levy v. Levy, 28 Md. 25 Cooke v. Cooke,