|
ART. 93] GUARDIAN AND WARD. 2081
As to the Jurisdiction of equity over infants, see art 16, sec. 57, et seq.
As to the appointment of guardians In cases of division and election, see
art. 46, sec. 35; see also, art. 46, sec. 53.
As to the powers and duties of institutions for the care and protection of
minors, see art. 23, sec. 258.
As to marriages of minors, see art 62, sec. 7, et seq.
1904, art. 93, aec. 144. 1888, art. 93, sec. 145. 1860, art. 93. sec. 145.
1834, ch. 291, sec. 4.
145. In case any infant in this State shall be entitled to personal
property by purchase or by gift, other than by last will and testament,
recorded in this State, and there be no guardian appointed to such
infant within this State, the orphans' court of the county in which such
infant shall reside shall have the right to appoint a guardian to such
infant.
Ibid. sec. 145. 1888, art. 93, sec. 146. 1860, art. 93. sec. 146.
1834, ch. 291, sec. 2.
146. The orphans' court shall have the right and power to appoint
a guardian to any such infant as aforesaid, although such infant may
have a father or mother living at the time of such appointment; pro-
vided, notice be given by the court, by publication or otherwise, to such
father, or mother (if there be no father living), to show cause why
such appointment should not be made; and such appointment shall be
as valid in every respect as if the father and mother of such infant were
both dead at the time; but nothing herein contained shall prevent the
said courts from appointing the father or mother of such infant its
guardian if the court to whom the appointment properly belongs shall,
in its discretion, deem such father or mother a fit and proper person to
be so appointed.
The notice required by this section must be by summons if the party is
within the reach of process; otherwise, by publication. Verbal notice is not
sufficient. Redman v. Chance, 32 Md. 52.
The mother being the natural guardian, will be preferred to a guardian
named at the request of the deceased putative father. No appeal lies from
such appointment. Ramsay v. Thompson. 71 Md. 319. And see Helms v.
Franciscus, 2 Bl. 544.
Where a guardian is appointed without notice to the father and mother,
although parties aggrieved are not limited to appealing from such order, a
petition raising the point must be filed within thirty days from the time of
actual knowledge of such appointment. Redman v. Chance, 32 Md. 52; Stan-
ley v. Safe Deposit Co.. 88 Md. 407.
In the absence of a statutory guardian, a natural guardian may sue for a
conversion of the Infant's property. Baltimore v. Norman. 4 Md. 359; Smith
v. Williamson. 1 H. & J. 147.
Ibid. sec. 146. 1888, art. 93, sec. 147. 1860. art. 93, sec. 147.
1798, ch. 101, sub-ch. 12, sec. 2.
147. The court shall have power to have brought before them any
infant for the purpose of appointing a guardian.
It is not necessary that the orphans' court should summons the Infant
before it in every case, though such practice is approved where the Infant
has reached the age of discretion. Purpose of this section. Lefever v
Lefever, 6 Md. 477.
|