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The Maryland Code : Public General Laws and Public Local Laws, 1860
Volume 145, Page 613   View pdf image (33K)
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ART. 91.] SURETIES. 613

3. If the security or counter security of a guardian, or any
person interested in the estate of such security or counter se-
curity, shall conceive himself in danger of suffering from the
securityship, he may apply to the Orphans' Court by which
such guardian was appointed, or in which he gave bond, and the
said court may call on such guardian to give counter security;
and if the said guardian shall not, within a fixed reasonable time,
give such counter security, the court may revoke his appoint-
ment and appoint a new guardian; and if the guardian whose
appointment is revoked shall refuse or neglect, in a reasonable
time after demand, to deliver to such new guardian the property
of the ward, the said court may compel the same by attach-
ment, and may direct the bond of such displaced guardian to be
put in suit.

4. Any security or counter security of a trustee appointed by
a court of equity, or any person interested in the estate of such
security or counter security, who is afraid of suffering from the
suretyship, may apply to the court that appointed such trustee,
and the court shall order the trustee to give counter security by
a day named in the order, and if the trustee shall fail to give
counter security, to be approved by the court, by the time so
fixed, the court shall remove such trustee and appoint a trustee
in his stead to complete the trust, and the court shall order such
removed trustee to deliver over to the new trustee all the trust
property in his hands, and all books, bonds, notes, evidences of
debt and papers belonging to or in any wise relating to the trust
estate, and also to pay over to such new trustee all the money
due by him on account of said trust; and the court may compel
a compliance with such order by attachment and sequestration,
or the new trustee may bring suit on the bond of the removed
trustee.

 

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The Maryland Code : Public General Laws and Public Local Laws, 1860
Volume 145, Page 613   View pdf image (33K)
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