ART. 47] REMOVAL OF TRUSTEE——BOND. 1217

1904, art. 47, sec. 12. 1888, art. 47, sec. 12. 1860, art. 48, sec. 11.
1854, ch. 193, sec. 11.

12. The said courts, or the judge thereof in the recess, may remove
any trustee for misconduct, or may, at discretion, discharge a trustee
who applies to be discharged.

Where a trustee's interests are conflicting, he should ask to be relieved.
Hoffman 17. Armstrong, 90 Md. 132.
See sec. 13 and notes.

Ibid. sec. 13. 1888, art. 47, sec. 13. 1860, art. 48, sec. 12.
1854, ch. 193, sec. 12. 1880, ch. 172.

13. The said courts, or judges thereof, shall prescribe the penalty
of the bonds of the trustees and approve the security therein, and may
order a new bond or a new security or securities to be given, and may
remove any trustc-e on failure in compliance or for incompetency or
neglect of duty, and shall have all the powers over the trustees under
this article, which courts of equity have over trustees appointed by
decree to sell property; and the said courts shall, by their rules, provide
the method and forms for the proof of claims against the estate of
insolvents.

A separate bond must be given in each case, though the trustee be the
same person. Gable v. Scott, 56 Md. 186.

A creditor of an Insolvent can not maintain an action on the trustee's
bond until hlg claim has been audited and directed to be paid by the court,
and the trustee has notice. State v. Mayngh, 13 Md. 377.

The trustee being answerable only for a breach of trust, no proceedings can
be instituted against him until the ratification of the audit. Insolvent Estate
of Leiman, 32 Md. 240.

An equity court has no Jurisdiction to remove or appoint an insolvent
trustee, though It will exercise ancillary jurisdiction for the prevention of
Injury until the Insolvent court can take hold. Powles v. Dilley, 2 Md. Ch.
127; Powles v. Dilley, 9 Gill, 239.

Insolvent courts have no jurisdiction to compel executors and administra-
tors of a deceased trustee to account in such court. The Insolvent court
may, however, proceed against the trustee for default or neglect of duty.
Purviance v. Glenn, 8 Md. 206.

A trustee's appointment will not be rescinded because he was counsel for
the applicant and represented no creditors. Teackle v. Crosby, 14 Md- 21.

Upon the death of the trustee, the Insolvent court must appoint another.
Jamison v. Chestnut, 8 Md. 39.

Where one of the permanent trustees dies and the other removes from the
jurisdiction, the insolvent court may appoint a trustee in their place, and
thereupon the provisional trustee must convey accordingly. Glenn v. Kart-
haus, 4 G. & J. 392.

The filing of the schedule of an insolvent is not a filing of the claim of an
alleged creditor. Strike v. McDonald, 2 H. & G. 192.

Ibid. sec. 14. 1888, art. 47, sec. 14. 1860, art. 48, sec. 13. 1854, ch. 193,

sec. 13. 1880, ch. 172. 1884, ch. 295. 1886, ch. 298.

1890, ch. 364. 1806, ch. 184. 1896, ch. 446.

14. No deed or conveyance executed, or lien created by any person
being insolvent or in contemplation of insolvency, save as hereinafter
provided, shall be lawful or valid if the same shall contain any prefer-
ence, save such as result from operation of law, and save those for the
wages or salaries to clerks, servants, salesmen and employes contracted
not more than three months anterior to the execution thereof; and all
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