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The Annotated Code of the Public Civil Laws of Maryland, 1911
Volume 372, Page 2084   View pdf image (33K)
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2084 TESTAMENTARY LAW. [ART. 93

Unless a natural guardian complies with this section within a reasonable
time, her right is forfeited. Right held to be forfeited. Lefever v. Lefever,
G Md. 476; cf. Fridge v. State, 3 G. & J. 112.

Cited but not construed in Corrie's Case, 2 Bl. 508.

See notes to sections 38, 49, 155 and 181.

As to the allowance of the cost of corporate surety bonds out of the estate,
see art. 24, sec. 10. Trust companies are not required to give bond as
guardian—art. 11. sec. 48.

As to counter security, see art. 90, sec. 3.

1904, art. 93, sec. 154. 1888, art. 93, sec. 155. 1860, art. 93, sec. 155. 1798, ch. 101,
sub-ch. 12, sec. 4. 1831, ch. 315, sec. 11.

155. Every guardian appointed by the court, and every guardian
by will, or natural guardian, before he proceeds to act as such, shall
enter into bond to the State of Maryland in such penalty and with such
sureties as the court shall approve, and to be recorded and be subject
to be put in suit, and to be in all respects on a footing with an admin-
istration bond, with the following condition: "The condition of the
above obligation is such, that if the above bounden ————, as guardian
to ————, of ———— county, shall faithfully account with the orphans'
court of ———— county, as directed by law, for the management of the
property and estate of the infant under his care, and shall also deliver
up the said property agreeably to the order of the said court or the
directions of law, and shall in all respects perform the duty of guardian
to the said ————, according to law, then the above obligation shall
cease; it shall otherwise remain in full force and virtue in law;" and
the said bond shall be liable for the proceeds of sales of the real estate
of his ward which shall come into his possession, as well as for other
property.

This section places guardians' bonds on the same footing with executors'

and administrators' bonds. State v. Miller, 3 Gill, 335.
No person is qualified to act as guardian until he is bonded. How such

qualification may be proved. Clarke v. State, 8 G. & J. 124.

This section referred to in determining what a plea of the statute of

limitations to a suit on a guardian's bond, should aver. Byrd v. State, 44

Md. 501. As to the statute of limitations, see also, State v. Green, 4 G. & J.

384.

See notes to sec. 154.

Ibid. sec. 155. 1888, art. 93, sec. 156. 1860, art. 93, sec. 156. 1854, ch. 5.

156. The orphans' court may, when they deem it expedient, approve
and accept of one guardian bond, where the same person is appointed
guardian to any number of infants who may be entitled to portions of
the same estate, instead of separate bonds for each ward; provided, that
nothing herein contained shall be construed so as to interfere with any
remedies against such bond, but the same shall be liable to suit by all
or either of the wards therein named, or their representatives, as fully
as separate guardian bonds.

One action may be brought in the name of the state for the use of the
several wards, on the one bond given by their guardian under this section
Walsh v. State. 53 Md. 543.

 

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The Annotated Code of the Public Civil Laws of Maryland, 1911
Volume 372, Page 2084   View pdf image (33K)
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