2082 TESTAMENTARY LAW. [ART. 93

1904, art. 93, sec. 147. 1888, art. 93, sec. 148. 1860, art. 93, sec. 148.
1834, ch. 291, sec. 3.

148. The appointment of a guardian by a mother of an infant by
last will and testament shall be as valid in every respect, and to all
intents and purposes, as if such appointment had been made by the
father of such infant by will, provided such mother be capable in law
to execute a last will and testament.

Ibid. sec. 148. 1888, art. 93, sec. 149. 1860, art. 93, sec. 149
1834, ch. 73.

149. In all cases where there shall be an appointment of a guardian
of a female above the age of eighteen years, by last will and testament,
and the person so appointed shall die or renounce or refuse to act, the
orphans' court of the county in which the said will shall be proved may
appoint a guardian in the place of the person so dying, renouncing, or
refusing to act; and the person so appointed shall give bond in the
same manner as guardians appointed for infants under age, and shall
have the same powers, perform the same duties, and be entitled and
bound to perform them for the same length of time, or up to such period
as the person appointed by the will if he had lived and taken upon
him the trust reposed in him by the will, and shall be bound to render
and settle an account of his guardianship or trust to the orphans' court
in the same manner and at the same time as other guardians of infants
appointed by the orphans' court are required by law.

Ibid, sec 149. 1888, art. 93, sec. 150. 1860. art. 93 sec. 130
1834, ch. 291, sec. 5.

150. When a guardian shall be appointed by the orphans' court in
this State, or by last will and testament, agreeably to law, such guar-
dianship shall extend to all the property of the infant within this State,
or which may be obtained by such guardian out of the State, by virtue
of such appointment or guardianship.

This section referred to in deciding that a guardian was entitled to receive
certain property from a trustee under a will. Strite v. Furst; 112 Md. 106.

Ibid. sec. 150. 1888, art. 93, sec. 151. 1860. art. 93. sec. 151.
1830, ch. 174. sec. 1.

151. Whenever any person shall die seized or possessed of any
lands, tenements or hereditaments lying within this State, and any of
the persons entitled thereto, or any part thereof, shall be under age, and
without a guardian appointed by last will and testament, or by the
orphans' court, the administrator of the decedent, as soon as adminis-
tration shall be committed to him, and not before, shall take possession
of such estate and discharge and fulfil all the duties of guardian to such
infant, and shall account with the court in like manner as guardians
are required by law to account, and subject to the like control and
authority of the court, in all respects whatever.

For cases involving the question of in which of two capacities a fiduciary

holds funds, see Gable v. Cheston. 51 Md. 352; Kirby v. Pascault. 51 Md. 383;

Sparks v. Weedon. 21 Md. 156; Hausou v. Worthington. 12 Md. 418: Flick -

inser v. Hull. 5 Gill, 74: Watkins v. Wells. 2 G. & J. 220; Seegar v. State,

6 H. & J. 162: State v. Jordon, 3 H. & McH. 170.