ART. 52. ] GUARDIAN AND WARD. 485
FOREIGN GUARDIANS AND INFANTS.
53 When court to authorize foreign guardian
to take possession of property and bring
suits, proviso
54 When foreign guardian may obtain prop-
erty from trustee, administrator, etc.
55 Proceedings by guardian to obtain transfer
of property
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56 Petition, how verified
57 Petition, to whom presented
58 To what infants preceding sections to ap-
ply, bond
69 How remainder or reversion protected.
60 How orders on petition enforced
61 Guardian ad litem, When appointed
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GUARDIANS APPOINTED BY THE ORPHANS' COURT.
1. Whenever land shall descend or be devised to a male under
the age of twenty-one years, or to a female under the age of eigh-
teen years, or any such male or female shall be entitled to a distribu-
tive share of the personal estate of an intestate, or to a legacy or
bequest under a last will or codicil, or may acquire any real or per-
sonal property, or estate, by gift or by purchase, and the said male
or female shall not have a guardian appointed by last will and testa-
ment, agreeably to law, the Orphans' Court of the county where the
land lies, or in which administration of the personal estate is granted,
shall have power to appoint a guardian to such infant until the age
of twenty-one years (if a male), and until the age of eighteen years
(if a female), or marriage; and such appointment may be made at
any time alter the probate of the will, or administration granted
on the estate of the deceased, under whom the infant appears to be
so entitled to land; and it may be made, if the court shall think
proper, in the case of personal estate, either before or after the ad-
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Art 93, s 144
1798, c 101,
sub-c 12, s. 1
1807, c 136, s 4,
1829, c 216, s 5,
1834, c 291, s 1
When and to
what infants
Orphans' Court
may appoint
guardians
30 Md 179.
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ministrator shall have passed his account.
2. In case any infant in this State shall be entitled to personal
property by purchase or by gift, other than by last will and testa-
ment, recorded in this State, and there be no guardian appointed
to such infant within this State, the Orphans' Court of the county
in which such infant shall reside shall have the right to appoint a
guardian to such infant.
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Id s 145
1834, c 291, a 4
Orphans' Court
to appoint guar-
dian where in-
fant entitled to
personal prop-
erty, by pur-
chase or gift,
other than by
last will
recorded in this
State.
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3. The Orphans' Court shall have the right and power to appoint
a guardian to any such infant as aforesaid, although such infant may
have a father or mother living at the time of such appointment; pro-
vided, notice by the court be given by publication or otherwise to
such father, or mother (if there be no father living), to show cause
why such appointment should not be made; and such appointment
shall be as valid in every respect as if the father and mother of such
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Id s 146
1834, c 291, s 2
Orphans' Court
, to have power
to appoint guar-
dian, although
infant may have
father or
mother living.
4 Md 352,
5 Md 211,
32 Md 42, 54.
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infant were both dead at the time; but nothing herein contained
shall prevent the said courts from appointing the father or mother
of such infant its guardian, if the court to whom the appointment
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Notice
Power of court.
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properly belongs shall, in its discretion, deem such father or mother
a fit and proper person to be so appointed.
4. The court shall have power to have brought before them any
infant fur the purpose of appointing a guardian.
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Id s 147.
1798, c. 101,
sub-c 12, s 2
• Orphans' Court
to hare power
to have infant
brought before
them
6 Md 472.
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