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The Annotated Code of the Public Civil Laws of Maryland, 1911
Volume 372, Page 2088   View pdf image (33K)
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2088 TESTAMENTARY LAW. [ART. 93

1904, art. 93, sec. 166. 1888, art. 93, sec. 167. 1860, art. 93, sec. 167.
1816, ch. 203, sec. 2. 1868, ch. 380.

167. The orphans' court, if they shall think such sale advantageous
to the ward, may order any guardian to sell leasehold estates of his
ward, and shall order the proceeds to be invested in bank stock or any
other good security, in the name of the ward; and no sale, transfer or
disposal of the said stock shall be made without the order of the court.
The said court may also, if they shall think the same advantageous to
the ward, order any guardian to lease any leasehold estates of the ward,
for the whole or any part of the unexpired term, on such terms as may
be deemed advantageous; provided, that such agreement for a lease shall
not have any effect until reported to and approved by the court, and the
rente arising on such lease shall be accounted for as other property or
income of the ward.

If a loss results from an investment unauthorized by the court, the guar-
dian is responsible. A verbal order of court is not sufficient. Intent of this
section. Carlysle v. Carlysle, 10 Md. 446.

This section referred to in deciding that a guardian had no power to exe-
cute a certain mortgage and as showing with what strictness a guardian
must act. Ordinarily the power to sell does not Include the power to mort-
gage. Tyson v. Latrobe, 42 Md. 333.

Security taken on investment will not be avoided if not taken in the name
of the ward. O'Hara v. Shepherd, 3 Md. Ch. 314.
See notes to sec. 172.

As to the payment of the proceeds of the sale in equity of the real or
leasehold property of an infant to his guardian, see art. 16, sec. 66.

Ibid. sec. 167. 1888, art. 93, sec. 168. 1860, art. 93, sec. 168.
1816, ch. 203, sec. 2.

168. The orphans' court may order any money belonging to a ward
to be invested in like manner and subject to the same restrictions as
prescribed in the preceding section.

This section referred to in deciding that a guardian had no power to
execute a certain mortgage and as showing with what strictness a guardian
must act. Tyson v. Latrobe, 42 Md. 333.

Ibid. sec. 168. 1888, art. 93, sec. 169. 1860, art. 93, sec. 169.
1856, ch. 326, sec. 1.

169. The orphans' court may order the location, sale, transfer or
assignment of any bounty land warrant issued by the government of the
United States or descended to any infant heir or heirs in this State, of
deceased soldiers, under the age of twenty-one years, to be made by the
guardians of such minor heirs, pursuant to the laws and regulations of
the United States, as fully and effectually as can be done by adult
holders of bounty land warrants; which sale, transfer or assignment
shall vest in the purchasers of such bounty land warrants all right,
title, claim and interest of the said infant owners thereof, either at
law or in equity, in and to the same; and the money- arising from such
sale shall be accounted for by said guardians in the orphans' court
ordering such sale or transfer.

 

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The Annotated Code of the Public Civil Laws of Maryland, 1911
Volume 372, Page 2088   View pdf image (33K)
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