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The Annotated Code of the Public Civil Laws of Maryland, 1911
Volume 372, Page 2095   View pdf image (33K)
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ART. 93] GUARDIAN AND WARD. 2095

1904, art. 93, set. 191. 1888, art. 93, sec. 191. 1860. art. 93. sec. 191.
1833, ch. 15, sec. 2.

192. Every such guardian so receiving money or other property
belonging to his ward shall be liable to account for the same, to be
recovered by suit on his guardian's bond or otherwise, as provided by
law in case of guardians duly and regularly appointed.
See note to sec. 191.

Ibid. sec. 192. 1888, art. 93, sec. 192. 1860, art. 93, sec. 192. 1798, ch. 101,
sub-ch. 12, sec. 15. 1829, ch. 216, secs. 5, 6.

193. On a ward's arrival at age, or on the marriage of a. female
ward, the guardian shall exhibit a final account to the orphans' court,
and shall deliver up, agreeably to the court's order, to the said ward,
all the property of such ward in his hands, including bonds and other
securities; and on failure, his bond may be put in suit, and he shall be
liable to attachment and fine not exceeding three hundred dollars; and
a female shall be of age at eighteen years, for the purposes of this
section.

Final account.

A ward may settle with his guardian out of court and thus be precluded
from suing the bond. It is the guardian's duty, however, to state a final
account in the orphans' court and property is taxable to him until he does so.
Baldwin v. Washington County, 85 Md. 161.

The control of the orphans' court and the responsibility of the guardian
and his bond, continue until a final account is stated under this section.
Griffith v. Parks, 32 Md. 7.

When a female becomes of age.

The expression "lawful age" as used in a will construed in the light of
this section. For many purposes a female does not arrive at her majority
until she is twenty-one. McKim v. Handy, 4 Md. Ch. 236. And see Waring
v. Waring, 2 Bl. 674.

The act of 1798, ch. 101, only removes the disabilities of infancy in the
cases therein expressly provided. Though entitled to the possession of her
property, a female under twenty-one can not dispose of it save as provided
in section 322. Davls v. Jacquin, 5 H. & J. 109; Fridge v. State, 3 G. & J.
115; Waring v. Waring, 2 Bl. 674; Newton v. Grifilth, 1 H. & G. 137 (dis-
senting opinion); Bowers v. State, 7 H. & J. 36; Greenwood v. Greenwood,
38 Md. 385.

This section does not affect the rule that a father has legal control over
his daughter and the right to her services until she is twenty-one. Green-
wood v. Greenwood, 28 Md. 385. And see Keller v. Donnelly, 5 Md. 217.

Generally.

As to releases and other transactions between guardians and wards shortly
after the latter's becoming of age, see Spalding v. Brent, 3 Md. Ch. 411.

The statute of limitations begins to run against a ward from the moment
he or she becomes free under this section. This section distinguished from
sections 188 and 190. State v. Henderson, 54 Md. 343.

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

Cited but not construed in Contee v. Dawson, 2 Bl. 273; Corrie's Case, 2
Bl. 500; McClellan v. Kennedy, 3 Md. Ch. 253.

See notes to sections 177 and 190.

As to releases to a guardian and who may execute them, see art. 79,
sec. 1.

 

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The Annotated Code of the Public Civil Laws of Maryland, 1911
Volume 372, Page 2095   View pdf image (33K)
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