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Session Laws, 1945
Volume 589, Page 36   View pdf image (33K)
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36 LAWS OF MARYLAND. [CH. 46

CHAPTER 46.
(House Bill 44)

AN ACT to repeal and re-enact, with amendments, Section 233
of Article 16 of the Annotated Code of Maryland (1939 Edi-
tion), title "Chancery", sub-title "Pleading, Practice and
Process", relating to the disposition of funds in the hands
of fiduciaries and distributable to unlocated persons.

SECTION 1. Be it enacted 'by the General Assembly of Mary-
land, That Section 233 of Article 16 of the Annotated Code of
Maryland (1939 Edition), title "Chancery", sub-title "Plead-
ing, Practice and Process", be and it is hereby repealed and
re-enacted, with amendments, to read as follows:

233. Whenever any receiver, trustee, executor or adminis-
trator has in hand any funds, payable in cash, under an account
duly filed in the court, having jurisdiction over such fiduciary,
and where such fiduciary, after a lapse of seven years, has been
unable to locate the person or persons, to whom such cash is
distributed by the account, or his or their legal representative
or representatives, the equity court, or Orphans' Court, having
jurisdiction over the fiduciary, may, on a petition of such
fiduciary, if satisfied that reasonable efforts have been made by
oral and written inquiry and by advertisement inserted in at
least one newspaper of general circulation published in the
City of Baltimore or in the county of the court having juris-
diction over said fund, for four consecutive weeks, unless in
the opinion of the court the amount of funds involved does not
justify the cost of such advertisement, to locate the person or
persons, entitled to such funds, or their legal representative or
representatives, and that such efforts have been unsuccessful,
order and direct such fiduciary to pay over to the Board of
County Commissioners or the Mayor and City Council of Balti-
more, for the use of the public schools of the county or
the City of Baltimore, as the case may be, wherein such account
is filed, any and all sums of cash, so remaining in his hands, and
any accumulated interest thereon, after the allowance to such
fiduciary of his proper costs, including the costs of such ad-
vertisement.

SEC. 2. And be it further enacted, That this Act shall take
effect June 1, 1945.

Approved February 2, 1945.

 

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Session Laws, 1945
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