2086 TESTAMENTARY LAW, [ART. 93

The orphans' court has power to appraise only under this section and
section 206, and under article 81, section 128. Hence, where a will directs
an appraisement and that certain property be taken at such appraise-
ment, but fails to name the appraisers, equity alone can name them. Magin
v. Niner, 110 Md. 302.

The appraisement is only prima facie evidence against the guardian.
Magruder v. Darnall, 6 Gill, 286.

This section referred to in construing section 165. Thaw v. Falls, 136 V.
S. 519.

1004, art. 93, sec. 159. 1888, art. 93, sec. 160. 1860, art. 93, sec. 160.
1798, ch. 101, sub-ch. 12, sec. 7.

160. No guardian, shall commit waste on the land, but the court
may, on his application, allow him to cut down and sell wood, and
account for the same, in case it shall deem the same advantageous or
necessary for the ward's education and maintenance.

This section referred to in construing section 165. Thaw v. Falls, 136 U.
S. 519.
Cited but not construed In Williams' Case, 3 Bl. 200.

Ibid. sec. 160. 1888, art. 93, sec. 161. 1860, art. 93, sec. 161.
1798, ch. 101, sub-ch. 12, sec.8.

161. Each guardian having real estate under his care shall either
cultivate the same, with the stock and utensils belonging to his ward,
or to be purchased with his money, with the approbation of the court,
or he shall lease the same from year to year, or for any term not exceed-
ing three years, and within the non-age of his ward; or he may, with
the court's approbation, undertake the estate on his own account, and
be answerable for the annual value, to be every third year ascertained
under the direction of the court.

Whoever enters upon the estate of an infant may be made to account for
the rents and profits thereof as though he were guardian, cnaney v. Small-
wood, 1 Gill, 370; Drury v. Conner, 1 H. & G. 220. And see Burch v. State.
4 G. & J. 444.

This section referred to in construing section 16n. Thaw v. Falls. 136 U.
S. 519.

Ibid. sec. 161. 1888, art. 93, sec. 162. 1860, art. 93, sec. 162. 1816, ch.
154, sec. 9. 1849, ch. 118, secs. 1, 2.

162. The rents of all real estate of an infant dying before such
rents become due shall, for the year in which such infant dies, be paid
to his guardian, and shall be accounted for by the guardian in the set-
tlement of his accounts with the orphans' court, and the balance not
appropriated for the education and support of such infant, for taxes,
repairs, improvements, commissions and expenses, shall be paid by such
guardian to the person entitled to the real estate at the death of such
infant, and the guardian's bond shall be liable for the same.
See art. 16, sec. 69; also, art. 53, sec. 19.

Ibid. sec. 162. 1888, art. 93, sec. 163. 1860, art. 93, sec. 163.
1827, ch. 210. 1849, ch. 118, sec. 2.

163. If the guardian die before the recovery of such rent, his
administrator may recover the same, to be accounted for and appropri-