2090 TESTAMENTARY LAW. [ART. 93

be invested in land; and the investment selected shall be reported to
the court for its approval before becoming permanent and the increase,
or surplus income of such investment, after what may be necessary for
the maintenance and education of the ward, shall be invested in like
manner under the direction and approval of the court, and no part of
the principal shall be applied to the maintenance and education of the
ward without the order and consent of the orphans' court first had and
obtained.

The orphans' court has no jurisdiction to authorize a guardian to Invest

the ward's funds in a loan to the guardian himself upon his promissory note

bearing Interest. Definition of the term "investment." Fidelity Co. v.

Freud, 115 Md. —.
Equity will order the proceeds of a sale of an infant's property turned

over to his guardian—art. 16, sec. 66.

1904, art. 93. sec. 172. 1888, art. 93, sec. 172. 1860, art. 93, sec. 172.
1816, ch. 154, sec. 7. 1872, ch. 403.

173. All moneys invested under the preceding section shall be
invested in the name of the ward, and shall be transferable only under
the order of the orphans' court; and all transfers without such order
shall be void; and whenever the orphans' court shall in its discretion
authorize a guardian to invest or mortgage the proceeds of the sale of
real estate belonging to his ward and sold by a trustee in equity, the
affidavit of consideration to such mortgage shall be made by the guardian
of such ward.

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.

Ibid. sec. 173. 1888, art. 93, sec. 173. 1860, art. 93, sec. 173.
1843, ch. 304, secs. 1, 2.

174. No guardian shall sell any property of his ward without an
order of the orphans' court approving the bond of such guardian being
first had and obtained; and any sale or removal without an order of
court previously had shall be void, and no title shall pass thereby to
the purchaser, and his guardianship may be revoked, and the same pro-
ceedings relative thereto shall be had as are prescribed herein in regard
to sales made by administrators without such order.

Where without an order of court a guardian transfers stock standing in
the name of his ward on the books of a corporation, the certificates being
cancelled and new ones issued to the transferee, the transaction is void
under this section. Conversion. Trover. Acting innocently. Baltimore v.
Norman, 4 Md. 358. And see State v. Murray, 24 Md. 320.

Although an order of court to sell bonds was not procured, if the guardian
acted in good faith supposing that he had obtained the requisite authority,
and if his bond fully indemnifies the estate against loss, the guardian will
not be removed. Macgill v. McEvoy, 85 Md. 298.

This section referred to in deciding that the situs of personal property
remains in the county where the guardian is appointed, although both guar-
dian and ward become non-residents. Baldwin v. State, use Hull, S9 Md.
601; Baldwin v. Washington County, 85 Md. 159.

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

See sec. 284 and notes.