ART. 16] TRUSTEE. 437

1904, art. 10, sec. 225. 1888, art. 16, sec. 207. 1874. ch. 483, see. 109.

241. If any trustee shall fail or refuse to give such bond for the
space of three months after the deed or instrument creating the trust
is deposited with the clerk to be recorded, the clerk shall give notice
thereof to the court of which he is clerk, or to the judge thereof, who,
upon consideration of the circumstances and upon reasonable notice
to the trustee, and such of the parties interested as may conveniently be
served therewith, as the court or judge shall prescribe, shall proceed
to appoint another trustee in lieu of the trustee who shall have failed
or refused.

Article 81, section 118, of the Code of 1860 (analogous in its provisions to
this section), cited but not construed in Sixth Ward Bldg. Assn. v. Willson,
41 Md. 512.

As to counter security and the failure of a trustee to give the same, see
art. 90, sec. 4.

Ibid. sec. 226. 1888, art. 16, sec. 208. 1874. ch. 483, sec. 110.

242. Upon the trustee, so appointed by the court or judge, giving
bond as before directed, the whole trust estate shall vest in him,
subject to the provisions of the trust deed or other instrument creating
the trust, and the same power may be exercised by the court or judge
from time to time until a trustee shall be appointed and give bond.

Article 81. section 119. of the code of 1860 (analogous in its provisions to
this section), cited but not construed in Sixth Ward Bldg. Assn. v. Willson.
41 Md. 512.

Ibid. sec. 227. 1888. art. 16. sec. 209. 1874, ch. 483, sec. 111. 1884, ch. 26.

243. It shall be the duty of the trustee within six months from the
period of his giving bond to make report upon oath to the circuit court
for the county or circuit court or circuit court No. 2 of Baltimore city
of the whole amount of the trust estate and the disposition made of the
same, and any sale of leasehold or fee simple property made by such
trustee, before taking effect, shall be reported to and ratified by said
court.

The court is invested with the same powers with respect to a sale reported
by a trustee named in a deed or will, as it would have had if the sale had
been made by a trustee appointed by the court. Berry v. Foley, 92 Md. 322.

Cited hut not construed in Bank of Commerce v. Lanahan, 45 Md. 406.

The act of 1870, ch. 370 (requiring the report and confirmation of a sale
made by a trustee under a deed or will), cited but not construed in Sander-
son v. Pearson. 45 Md. 485; Suit v. Creswell. 45 Md. 531: Sixth Ward Bldg.
Assn. v. Willson. 41 Md. 512; Reid v. Gordon. 35 Md. 183.

Ibid sec. 228. 1SS8. art. 16. sec. 210. 1874, ch. 483, sec. 112.

244. If any trustee shall fail to make report to the court, as required
by the preceding section, the clerk shall issue a summons commanding
him to appear before court at the next ensuing term to make such report,
and if the summons is returned served, and the trustee shall fail to
appear and report, an attachment shall issue to compel an appearance
upon which similar proceedings shall be had as in other cases.

Ibid. sec. 229. 1888, art. 16, sec. 211. 1870, ch. 247. 1878, ch. 107.

245. In any case in which a trustee shall have been, or may here-
after be appointed by deed or by will, either as sole trustee or as a trus-