|
ART. 10] INFANTS. 369
real in which such infant has any estate, interest, trust or property or
benefit, for other real estate or chattels real, or interest, trust or prop-
erty therein; and the court, in decreeing such exchange, may not
require equality or sameness in the quantity or character of the estate
or interests, and the court may appoint trustees to execute the deeds
necessary to carry such exchange into effect.
1904, art. 16, sec. 62. 1888, art. 16, sec. 57. 1860, art. 16, sec. 45. 1816, ch. 154,
sees. 5, 6, 7. 1886, ch. 281. 1890, ch. 18.
66. When the real estate or leasehold property of an infant or in
which an infant is interested has been, or may hereafter be, sold upon
the application of his guardian or prochein and, or by virtue of or
under a decree of court, in a case to which such infant is a party, or
by virtue of a power contained in a mortgage upon such real estate or
leasehold property, the court decreeing or ratifying such sale may, upon
the application of the person making such sale, or upon the petition of
the guardian of such infant, order and direct the money arising from
such sale to which such infant shall be entitled to be paid to the guar-
dian of such infant, upon the filing in said court of a certificate from
the register of wills of the county or city in which letters of guardian-
ship have been granted, that the guardian of such infant has filed in
the orphans' court of the county or city, granting letters of guardian-
ship, a bond, which bond shall be in the judgment of the court making
such decree, order or direction, in an amount and with security suffi-
cient to protect such infant in the premises.
This and the three following sections held to apply where a decree was
passed prior to the adoption of the code of 1860, but the sale took place there-
after. These sections as they stood prior to the code of 1860, discussed.
Gill v. Wells, 59 Md. 499. And see Koche v. Waters, 72 Md. 270.
This section referred to in determining that a guardian who Invests money
belonging to his ward without first getting an order of the orphans' court, is
responsible for ensuing loss. Carlysle v. Carlysle, 10 Md. 445.
For cases involving this section as it stood prior to the act of 1890, ch. 18,
see Bernard v. Equitable Trust Co., 80 Md. 124; Benson v. Benson, 70 Md.
257; Gill v. Wells, 59 Md. 500; Clay v. Brittlngham, 34 Md. 676.
This section referred to in construing section 58—see notes thereto.
Mumma v. Brinton, 77 Md. 200.
See notes to sec. 57.
See art. 93, sec. 172.
Ibid. sec. 63. 1888, art. 16, sec. 58. 1860, art. 16, sec. 46. 1816, ch. 154, sec. 8.
67. No part of the principal arising from such sale of any real
estate shall be applied to the maintenance of any infant, unless the
court shall consider it necessary and order the same to be done.
This section referred to in dealing with the proceeds of a sale of Infants'
lands. Tilly v. Tilly, 2 Bl. 444.
See sec. 98 and notes to sections 57 and 66
See art. 93, sec. 165.
Ibid. sec. 64. 1888, art. 16, sec. 59. 1860, art. 16, sec. 47. 1816, ch. 154, sec. 13.
1831, ch. 311, sec. 9.
68. Where an infant is seized of a reversion dependent upon a life
estate, the court may, with the assent of the tenant for life, decree a
24
|
 |