1800.
CHAP. 67. |
LAWS OF MARYLAND.
to the annual proceeds of the estate: And whereas it appears reasonable
to this general assembly that the power should be increased, |
In certain cases
chancellor to direct
the sale of
property. |
2. BE IT ENACTED, by the General Assembly
of Maryland, That
from and after the passage of this act, the chancellor shall have
full power and authority, in all cases where trustees shall or may
be appointed under the authority of the chancery court for the
management of the estates and persons of idiots, lunatics and persons
non compos mentis, to order and direct the property of such
idiot, lunatic or person non compos mentis, or so much thereof
as
he may judge necessary for the support of such idiot, lunatic or
person non compos mentis, or for the payment of all reasonable and
just expenses which such trustee or trustees may or have occurred,
to be sold, upon such terms as he may think proper, and to appoint
a trustee or trustees for the purpose of effecting such sale or sales,
and the money arising therefore to be applied to the discharge of
such expenses. |
In certain cases
the whole may be
sold. |
3. AND BE IT ENACTED, That in cases where
a sale of the
property of any idiot, lunatic or person non compos mentis, shall
be
necessary for the support of such person, and such property will
not admit of division without prejudice thereto, or shall be so situated,
or of such a nature, as to render it adviseable and beneficial
to such person, in the opinion of the chancellor, to sell the whole,
or any greater part thereof than may be necessary for the immediate
support of such person, the said chancellor shall have full
power and authority to order a sale or sales to be made of the
whole, or so much of the property of such idiot, lunatic or person
non compos mentis, as he shall think proper, and to direct the application
of the money arising from such sale or sales, and the interest
thereof, for the purposes aforesaid, and to direct from time
to time in what funds the money arising from said sales shall be
vested, and in all things to order in the premises as he may deem
for the benefit and advantage of said lunatic. |
Sales to be confirmed
by chancellor. |
4. AND BE IT ENACTED, That all sales made
by the authority
of the chancellor, under this act, shall be notified to, and confirmed
by, the chancellor, before any conveyance of the property shall
be made, and bond, with good and sufficient security, to be approved
by the chancellor, shall be given by the person or persons empowered
to sell the property as aforesaid, for the due execution of
the trust committed to him or them, which bond shall be lodged
with the register in chancery. |
Sum remaining, to
whom it shall belong. |
5. AND BE IT ENACTED, That the principal sum
arising from
the sale of said property, or so much thereof as shall remain
unapplied to the use and maintenance of said lunatic, during the
life-time of said lunatic, shall, on the death of the said lunatic,
belong
to such person or persons, his, her or their heirs or legal representatives,
as would have been entitled to the said property in
case the same had not been sold. |
|
_____
|
Passed Dec. 19. |
CHAP. LXVIII.
An Act for the relief of John Charles Francois Chirac. Lib.
JG.
No. 3, fol. 462. A Private Act.
See November 1809, ch. 148. |
|
