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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 3, Page 314   View pdf image (33K)
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314 HIGH COURT OF CHANCERY.
is, that on the guardian's executing the bond required of him,
the Orphans Court shall have power to order the property of
the ward to be delivered to him. The Court then, in this case,
might have ordered Shepherd, the administrator, to deliver to
George McNeir, the guardian, the property of the ward. But
this, it seems, the administrator did, so far as this mortgage or
the money borrowed upon it is concerned, without the order, and
the Court, by passing the accounts of the guardian from time
to time, in which this mortgage was introduced, and treated as
in his hands as part of the estate of his ward, have given their
sanction to it as effectually as if they had previously or-
dered it.
The question in reference to this loan is not whether the
administrator could legally dispose of the estate of his intes-
tate, there being a duly qualified guardian to whose ward the
surplus belonged, but whether the administrator shall be held
responsible for making such a loan, when the guardian himself
urges him to make it, and agrees and actually does receive
from him the security as a part of the estate of the ward, and
the Orphans Court, by repeated acts of recognition, give their
entire sanction and approbation to it. This loan, in my view
of it from the evidence, was the act of the guardian and not
of the administrator, and the Orphans Court having approved
of it, the question of the power of the administrator does not
arise.
There can be no doubt, I suppose, that the guardian under
the direction of the Orphans Court might make such a loan.
The authority may be found in various Acts of Assembly.
The 13th section of the 12th sub-chapter of the Act of 1798,
ch. 101, confers full authority upon the Court, though the bond
to be taken for the money loaned should be taken to tha ward.
This, however, is a matter of form, and could hardly have the
effect to vitiate the security, if not followed.
The Act of 1816, ch. 154, is applicable to the proceeds of
the sales of the real estate of minors, and gives power to the
Orphans Courts to order and direct such proceeds to be in-
vested by their guardians in public stocks, or other permanent

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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 3, Page 314   View pdf image (33K)
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