| 1785.
CHAP.
LXXII. |
LAWS of MARYLAND.
trustee, trustees or committee, to be appointed as aforesaid, and hearing
as aforesaid, and the justice of the claim of such creditor is fully established,
if, upon consideration of all circumstances, it shall appear to the
chancellor
to be just and proper that such debts should be paid by a sale of
such real estate, to order the whole or part of the real estate, so
descending
or devised, to be sold for the payment of the debts due by the deceased. |
Chancellor to
direct the affairs
of persons
lunatic,
&c. |
VI. And be it
enacted, That the chancellor shall have full power and
authority in all cases, to superintend, direct and govern, the affairs
and
concerns of persons who are or may be lunatic or idiots, both as to the
care of their persons and management of their estates, and may appoint
a
committee, trustee or trustees, for such persons, and may make such orders
and decrees respecting their persons and estates as to him may seem proper,
and may, upon application of any creditor or creditors of any person
who is idiot, lunatic, or non compos mentis, and being satisfied of the
justice of the claim, and that it will be for the benefit and advantage
of
the estate of such person being non compos mentis to discharge and pay
such claim, and that there is no other means of so doing than by selling
part of the estate of such person, appoint a committee, trustee or trustees,
for such person being idiot, lunatic, or non compos mentis, and may direct
such committee, trustee or trustees, to sell so much of the personal
property of such person as may be necessary to discharge the debts by him
or her due, and if the personal property is not sufficient, then so
much of
the real property of such person being idiot, lunatic, or non compos mentis,
as will be sufficient for the purpose aforesaid, may be ordered by the
chancellor to be sold for such purpose. |
And appoint a
trustee, &c. |
VII. And be
it enacted, That the chancellor shall have full power and
authority to appoint a trustee or trustees for the purpose of making any
sale by him directed in pursuance of this act. |
Sales to be notified
and confirmed,
&c. |
VIII. 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 property as aforesaid,
for the due execution of the trust committed, which bond shall be lodged
with the register in chancery; and any person interested in such sale,
shall
have a right to a copy of such bond, and a certificate from the said register
under his hand and seal of office, paying ten shillings for the same, upon
which copy and certificate an action may be maintained, in the name of
the
state, for the use of the party interested and apprehending himself aggrieved;
and judgment may be by such party recovered upon such action for the damages
by him actually sustained, and the plea of non est factum shall not be
received to any such action, unless the same is verified by the affidavit
of
the defendant or defendants tendering the same. |
And made on
such terms as
the chancellor
may direct,
&c. |
IX. And be it
enacted, That all sales by the direction of the chancellor,
under the authority of this act, except in the case where a sale is directed
to be made for ready money as aforesaid, shall be made upon such
terms and conditions as the chancellor shall determine; and in case any
sale shall be made on credit, the chancellor may, upon application of the
mortgagee or creditor, direct any bond taken in consequence of such sale,
to be assigned to such mortgagee or creditor; and the assignee or assignees
respectively, may sue and maintain actions in their names against the obligor
or obligors in such bonds. |
Trustees to
give bond, &c. |
X. And be it
enacted, That in all cases where there hath been, or may
hereafter be, an appointment of a trustee or trustees by last will and
testament, |
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