clear space clear space clear space white space
A
 r c h i v e s   o f   M a r y l a n d   O n l i n e

PLEASE NOTE: The searchable text below was computer generated and may contain typographical errors. Numerical typos are particularly troubling. Click “View pdf” to see the original document.

  Maryland State Archives | Index | Help | Search
search for:
clear space
white space
The Annotated Code of the Public General Laws of Maryland, 1924
Volume 375, Page 2938   View pdf image (33K)
 Jump to  
  << PREVIOUS  NEXT >>
clear space clear space clear space white space

2938 ARTICLE 93.

his possession such property wherever situated in this State, and to sue for
and recover such debts or choses in action from all persons or corporations
in this State, and from all estates upon which letters testamentary or of
administration shall have been granted, and to act in all respects as if such
guardian had been duly appointed by some one of the orphans' courts in
this State; provided, however, that before any such order shall be passed,
such guardian shall first file a petition, setting forth the fact that such
non-resident infant is, or claims to be entitled to such property, debts or
choses in action, as hereinbefore mentioned, and shall also give bond, with
security to be approved by the said orphans' court, in the same manner
as if such infant resided in this State.
See notes to sec. 203.

An. Code, sec. 197. 1904, sec. 196. 1888, sec. 196. 1844, ch. 201, sec. 1. 1846, ch. 300, sec. 1.
1847, ch. 138, sec. 1. 1852, ch. 297, sec. 1. 1890, ch. 253. 1892, ch. 557.

203. If any non-resident infant shall be entitled to any legacy, bequest
or distributive share, or to the proceeds of any sale made under a decree
of a court of equity or to any money or personal property in the hands of
a trustee appointed by will or shall be entitled to the proceeds of sale of
property in this State or to any legacy, bequest or distributive share of any
personal property in the hands of any administrator or guardian in this
State, and such infant has a guardian regularly appointed in this State,
district or territory of the United States in which such infant resides, such
foreign guardian may obtain an order from the proper court for the pay-
ment, transfer or delivery of such proceeds, legacy, bequest or distributive
share upon the terms prescribed in the next two succeeding sections.

This section only applies where there has been a perfect conversion of realty into
personalty, and a fund thereby created which ought to follow domicile of owner.
This section construed in connection with art. 16, sec. 59, et seq. Clay v. Britting-
ham, 34 Md. 676; Bernard v. Equitable, etc., Trust Co., 80 Md. 124.

The application of this section is not limited to cases where there is no guardian in
this state. This section construed in connection with sec. 196, and with art. 16, sec.
59, et seq. Bernard v. Equitable, etc., Trust Co., 80 Md. 122.

Where infant is a resident when his guardian is appointed but afterwards be-
comes a non-resident and has a guardian in another state, this section authorizes
a transfer of infant's property. Baldwin v. State, 89 Md. 600; Baldwin v. Washington
County, 85 Md. 158.

The right to appoint a guardian is not affected by fact that a court of some other
state has made a similar appointment. There may be a domestic guardian having
charge of infant's property and a foreign guardian having charge of his person.
A guardian appointed in another state has no authority to sue here. Kraft v. Wickey,
4 G. & J. 342.

An. Code, sec. 198. 1904, sec. 197. 1888, sec. 197. 1844, ch. 201, sec. 1. 1846, ch. 300, sec. 1.
1847, ch. 138, sec. 1. 1852, ch. 297, sec. 1.

204. The foreign guardian claiming under the preceding section shall
state by petition that he is duly appointed guardian to such infant by the
proper authority of the State, district or territory where the infant resides;
that he hath given good and sufficient security for the faithful performance
of his trust as guardian, and that as guardian he there has the custody of
the person of such infant; and he shall set forth in such petition the entire

 

clear space
clear space
white space

Please view image to verify text. To report an error, please contact us.
The Annotated Code of the Public General Laws of Maryland, 1924
Volume 375, Page 2938   View pdf image (33K)
 Jump to  
  << PREVIOUS  NEXT >>


This web site is presented for reference purposes under the doctrine of fair use. When this material is used, in whole or in part, proper citation and credit must be attributed to the Maryland State Archives. PLEASE NOTE: The site may contain material from other sources which may be under copyright. Rights assessment, and full originating source citation, is the responsibility of the user.


Tell Us What You Think About the Maryland State Archives Website!



An Archives of Maryland electronic publication.
For information contact mdlegal@mdarchives.state.md.us.

©Copyright  October 06, 2023
Maryland State Archives