ODEN BOWIE, ESQUIRE, GOVERNOR. 441
CHAPTER 247.
AN ACT to amend the sixteenth Article of the
Code of Public General Laws by adding thereto
the following Sections relating to Trustees ap-
pointed by will or by a decree of a Court of
Equity to fill a vacancy in the office of Trustee
in any trust relating to real or personal estate
or leasehold property created by will.
SECTION 1. Be it enacted by the General Assembly
of Maryland, That in any case in which a Trustee
shall have been or may hereafter be appointed by.
will, either as the sole Trustee or as a Trustee to
act in conjunction with another person or with
other persons, to manage, lease or sell any real or
personal estate or leasehold property situated in
the State, or shall have been or shall hereafter be
appointed such Trustee by any Court of the State
exercising equity jurisdiction, and shall be desirous
to retire from and resign such trust after he or she
shall have accepted the same, such Trustee may
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Trustees to
'manage.
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exhibit a petition, exparte, in the Court exercising
equity jurisdiction in the city or county where said
real or personal estate, or said leasehold property
may be situated, accompanied by a full and par-
ticular account, under oath, of his or her receipts
and disbursements, if any, as such Trustee, and
the said Court, upon the filing of such petition and
account, shall have jurisdiction in the premises,
and shall cause notice to be given by publication
in one or more of the papers of said city or county,
and for such time as the said Court may deem
proper, giving notice of the filing of said petition;
and if no good cause shall be shown to the con-
trary by the day that may be limited in that behalf
in said notice, the said Court by its decree shall
release and discharge the said Trustee from the
further execution of said trust, and may pass such
order as to costs and impose such terms in other
respects, if any, as the nature of the case and equity
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Court to have
jurisdiction.
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may require, provided, that such discharge shall
not release said Trustee or his sureties, if any, from
liability to any of the cestui que trusts, or other
persons, for past acts, defaults, or omission of
duty.
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Proviso .
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