LAWS OF MARYLAND.— 1834.

1183

CHAPTER 291.

A SUPPLEMENT to an ACT,* entitled, an Act for amending and reducing
into System, the Laws and regulations concerning Last Wills and
Testaments, the duties of Executors, Administrators and Guardians,
and the rights of Orphans, and other Representatives of Deceased
Persons.

* 1798, ch.
101.

SEC. 1 . Be it enacted , by the General Assembly of Maryland,
That 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
eighteen years, or any such male or female shall be entitled to a

Where land
descends,
&c. to
minors

distributive share of the personal estate of an intestate, or to a
legacy or bequest under a last will or codicil, or who may
acquire any real or personal property or estate, by gift or by

Or property
vests.

purchase, and the said male or female shall not have a guardian
appointed by last will and testament, 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

And no
guardian.

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 after the probat 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 executor or administrator shall have passed his account.

Orphans
court shall
appoint
guardian.

At any time,
&c.

SEC. 2. And be it enacted, That the orphans court of the
several counties in this state, 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; Provided, 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

And other
than parents
though
living.

respect, and to all intents and purposes, as if the father and
mother of such infant were both dead at such time, any law to
the contrary notwithstanding; Provided, that 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 properly belongs, shall, in its discretion,
deem such father or mother a fit and proper person to be so ap-
pointed.

Or parents

SEC. 3. And be it enacted, That the appointment of a guardian,
by a mother of an infant, by last will and testament, shall be as
valid in every respect, and to all intents and purposes, as if such
appointment had been made by the father of such infant, by
will ; Provided, such mother be capable in law to execttte a last
will and testament.

Guardian
appointed
by mother,
valid.