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The Annotated Code of the Public Civil Laws of Maryland, 1911
Volume 372, Page 2094   View pdf image (33K)
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2094 TESTAMENTAEY LAW. [ART. 93

appointed guardian shall have signified his acceptance of the appoint-
ment by filing in the orphans' court his bond, in such penalty and with
such sureties as the court shall approve.

1904, art. 93, sec. 189. 1888, art 93, sec. 189. 1860. art. 93, sec. 189.
1831, ch. 315, sec. 8.

190. Whenever the orphans' court for any cause shall revoke the
guardianship of any guardian, and there be no remaining guardian,
they shall appoint a new guardian; and if the party whose guardian-
snip is revoked shall not, within a reasonable time to be fixed by the
court, deliver over to the remaining guardian (if there be one, if not,
then to the new guardian) all the property of the ward remaining in
the hands of the party whose guardianship is revoked, and also all the
books, bonds, notes and evidences of debt or funds, and also all title to
property or stock which belong to or are due to the ward, in the pos-
session of the guardian, and also pay over to the remaining guardian
(if there be one, if not, then to the new guardian) all the money due
to said ward, the said court may compel the delivery and payment over
as aforesaid by attachment and sequestration of the property of the
party whose guardianship may be revoked, and may direct his bond
to be put in suit.

Upon the failure of a guardian to turn over property as ordered by the
court, his bond at once becomes liable to suit. Byrd v. State, 44 Md. 503.
Of. State v. Henderson, 54 Md. 343.

Where a guardian admits that lie is Insolvent and unable to pay, lie
waives the requirement that a reasonable time be given him to turn over
the ward's money to the new guardian. Gunther v. State, 31 Md. 33.

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. Fidelity Co. v. Freud, 115 Md. —.

This section contrasted with section 193—see notes thereto. State v. Hen-
derson, 54 Md. 343.

Cited but not construed in Corrie's Case, 2 Bl. 500.

Ibid. sec. 190. 1888, art. 93, sec. 190. 1860, art. 93, sec. 190.
1833, ch. 15, sec. 1.

191.. Where any infant shall be entitled to any legacy or distributive
share of an estate, or any personal property in the hands of an admin-
istrator, and a guardian for such infant has been or may lie appointed
by any orphans' court of this State, whose appointment, however, has
been irregularly made, and is or shall be liable to be revoked or declared
void for any cause whatever, but shall not have been revoked or
declared void, any payment or delivery to such guardian of such
legacy, distributive share, or personal property by such administrator,
shall have the same force, validity and effect as respects such adminis-
trator as if said guardian's appointment were regularly made, and not
for any cause liable to be revoked or declared void.

For a case applying the principles of this section, see Gunther v. State, 31
Md. 21.

 

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The Annotated Code of the Public Civil Laws of Maryland, 1911
Volume 372, Page 2094   View pdf image (33K)
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