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The Annotated Code of the Public Civil Laws of Maryland, 1911
Volume 372, Page 2091   View pdf image (33K)
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ART. 93] GUARDIAN AND WARD. 2091

1904, art. 93, sec. 174. 1888, art. 93, sec. 174. 1860, art. 93, sec. 174.
1843, ch. 304, sec. 3.

175. When there are two or more guardians, and the sale or removal
has been made without the consent of all, the revocation shall only
extend to the person or persons so offending, and the remaining guar-
dian or guardians shall have full power to discharge all the duties con-
nected with his or their office.
See sec. 286.

Ibid. sec. 175. 1888, art. 93, sec. 175. 1860, art. 93, sec. 175.
1843, ch. 304, sec. 4.

176. Nothing herein shall apply where a guardian has been
appointed by will, with power to sell property without making a return
of such sale to the orphans' court.
See sec. 287.

Ibid. sec 176. 1888, art. 93, sec. 176. 1860, art. 93, sec. 176.
1798, ch. 101, sub-ch. 12. sec. 11.

177. In the first account to be rendered by a guardian, he shall
state the property received by him from an executor, administrator, or
otherwise, belonging to his ward, and every increase, and the profits
thence arising, if any.

Guardians' accounts are only prima facie correct. State v. Baker, 8 Md.
44; Richards v. Swan, 7 Gill, 366; Magruder v. Darnall, 6 Gill, 269; O'Hara
v. Shepherd, 3 Md. Ch. 306; Spedden v. State, 3 H. & J. 251.

Thia section referred to in construing section 165. Thaw v. Palls, 136 U.
S. 519.

See notes to sec. 193.

Ibid. sec. 177. 1888, art. 93, sec. 177. 1860, art. 93, sec. 177.
1798, ch. 101, sub-ch. 12, sec. 13.

178. Every account of a guardian shall state his expenditures in
maintaining and educating his ward, not exceeding the income of his
estate, unless allowed by the court; and for no balance of money in his
hands shall he be charged interest, unless he shall consent to take the
same on interest, but the court may direct him to invest the same, and
for the trouble and care of such guardian the court may allow any com-
mission not exceeding ten per cent, on the annual income of the estate.
This section was intended to deal with the disposition of the income of
the ward's estate, and contemplates allowing the guardian to use an unex-
pended balance of the income temporarily upon paying Interest; it does
not refer to Investments of the corpus of the estate. Definition of the term
"investment"; distinction between an investment of funds, and their reten-
tion and use by the guardian. Fidedity Co. v. Freud, 115 Md. —.

A guardian is not entitled to a commission on the fund which he pays over
to the ward when he arrives at age. Whyte v. Dimmock, 55 Md. 455.

This section referred to In construing section 165. Thaw v. Falls, 136 U.
S. 519.

Ibid. sec. 178. 1888, art. 93, sec. 178. 1860, art. 93, sec. 178.
1831, ch. 315, sec. 9.

179. Any allowance which may be made by any orphans' court to
a guardian, for the clothing, support, maintenance, education, or for

 

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The Annotated Code of the Public Civil Laws of Maryland, 1911
Volume 372, Page 2091   View pdf image (33K)
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