|
1234 LAWS OF MARYLAND [CH. 699
tary Law," subtitle "Orphans' Court;" to repeal and re-enact, with
amendments, Section 25 of Article 5 of the said Code (1957 Edi-
tion), title "Appeals," subtitle "Appeals to Circuit Courts for
Counties and Superior Court of Baltimore City," subheading "Ap-
peals from Orphans' Courts;" to repeal and re-enact with amend-
ments, Sections 186, 228, 256, 257 and 288 of Article 93 of the
said Code (1964 Replacement Volume), title "Testamentary Law,"
subtitles, respectively, "Guardian and Ward," "Inventory and List
of Debts," "Orphans' Court" and "Register of Wills;" to repeal
and re-enact, with amendments, Section 255(a) of Article 93 of
the said Code (1965 Supplement), title "Testamentary Law," sub-
title "Orphans' Court;" and to repeal and re-enact, with amend-
ments, Sections 2-14 and 7-35 of the Montgomery County Code
(1960 Edition), being Article 16 of the Code of Public Local Laws
of Maryland, title "Montgomery County," subtitles, respectively,
"Administration" and "Courts;" to amend the laws of this State
and of Montgomery County with respect to the Orphans' Court
of said County in order to be consistent with the amendment to
Section 20 of Article 4 of the Constitution of Maryland providing
that the several Judges of the Circuit Court for Montgomery
County shall each, alternately and in rotation, sit as an Orphans'
Court for said County.
Section 1. Be it enacted by the General Assembly of Maryland,
That Section 255(1) of Article 93 of the Annotated Code of Mary-
land (1964 Replacement Volume), title "Testamentary Law," sub-
title "Orphans' Court," be and it is hereby repealed.
Sec. 2. And be it further enacted, That Section 25 of Article 5 of
the said Code (1957 Edition), title "Appeals," subtitle "Appeals to
Circuit Courts for Counties and Superior Court of Baltimore City,"
subheading "Appeals from Orphans' Courts," be and it is hereby
repealed and re-enacted, with amendments, to read as follows:
Article 5
25.
Instead of a direct appeal to the Court of Appeals pursuant to
Section 9 of this article, any party may appeal to the circuit court for
the county or to the Superior Court of Baltimore City from any
decree, order, decision, or judgment of an orphans' court; provided,
however, that there shall be no appeal to the Circuit Court for
Montgomery County from a decree, order, decision or judgment of
the Orphans' Court for Montgomery County. Any such appeal shall
be heard de novo by said circuit court or Superior Court, as the case
may be, and such court shall give judgment according to the equity
of the matter. From the final judgment or determination of said
circuit court or Superior Court there shall be a further right of
appeal to the Court of Appeals pursuant to the provisions of Section
1 of this article.
Sec. 3. And be it further enacted, That Sections 186, 228, 256, 257
and 288 of Article 93 of the said Code (1964 Replacement Volume),
title "Testamentary Law," subtitles, respectively, "Guardian and
Ward," "Inventory and Lists of Debts," "Orphans' Court" and "Regis-
|
 |