94                               LAWS OF MARYLAND                         [CH. 3

his administration or guardianship, whether or not he be so engaged
within or without the continental United States; or

(3) If, when last heard from, he was reported to be in any enemy
country or obliged to remain in any other foreign country or posses-
sion or dependency of the United States.

(c)    Filing petition.—Whenever a fiduciary, as herein defined, is
engaged in war service as also herein defined, such fiduciary, or any
cofiduciary or his surety or sureties or other person having an in-
terest in the administration of the decedent's or ward's estate, in-
cluding a creditor or the register of wills, may present a petition to
the orphans' court granting the letters of such fiduciary, or to the
orphans' court to which application for letters would be made if none
have yet been granted, praying for the passage of an order revoking
the letters and, where necessary, granting letters to a successor, or
praying for an original grant of letters as the case may be. In addi-
tion to the name of the fiduciary engaged in war service, the petition
shall state the nature of the petitioner's interest in the premises, the
approximate value of the estate and the names and addresses of any
cofiduciaries or alternates, so far as known to the petitioner. The
petition shall be sworn to by the petitioner and, if filed by a person
other than the fiduciary engaged in war service, shall, in addition,
be supported by the affidavit of such fiduciary, or by the affidavit of
some other competent person certifying to the belief that such
fiduciary is engaged in such war service or that since entering such
service he has been reported or is believed to be missing.

(d)    Ex parte proceedings.—The petition may be filed and acted
upon by the court ex parte, or before passing thereon the court may
require that such persons be made parties to the proceeding and such
notice and opportunity to be heard be given them as may appear, in
its discretion, necessary to protect the estate and the parties inter-
ested therein.

(e)    Jurisdiction and duty of court.—Upon presentation of the
petition the court shall have jurisdiction, and after such hearing
thereon, ex parte or otherwise, as the court may require, the court
may, notwithstanding any other provision of law, where no letters
had theretofore been granted to such fiduciary in war service, grant
original letters as if said fiduciary had not been named in the will,
or where letters had been previously granted, revoke the letters of
the fiduciary engaged in war service, and upon the revocation of let-
ters, if there be no remaining fiduciary, it shall be the duty of the
court to appoint a new or substitute fiduciary in accordance with the
provisions of this article providing for such appointment upon the
revocation of any letters testamentary or of administration or of
guardianship.

(f)    Reappointment of removed