438 CHANCERY. [ART. 16

tee to act in conjunction with another person or other persons to man-
age, lease or sell any real or personal estate, or shall have been or shall
hereafter be appointed such trustee by any court of this State exercis-
ing equity jurisdiction, and shall be desirous to retire from and resign
such trust after he or she shall have accepted the same, such trustee
may exhibit a petition ex parte in the court exercising equity jurisdic-
tion in the city or county where said real or personal estate or said lease-
hold property may be situated, accompanied by a full and particular
account, under oath, of his or her receipts and disbursements, if any,
as such trustee; and the said court, upon the filing of such petition and
account, shall have jurisdiction in the premises, and shall cause notices
to be given by publication in one or more of the papers of said city or
county, and for such time as the said court may deem proper, giving
notice of the filing of such petition; and if no good cause shall be
shown to the contrary by the day that may be limited in that behalf in
said notice, the said court, by its decree, shall release and discharge the
said trustee from the further execution of said trust, and may pass,
such order as to costs, and impose such terms in other respects, if anyr
as the nature of the case and equity may require; provided, that such
discharge shall not release said trustee or his sureties, if any, from
liability to any of the cestui que trusts or other persons, for passed acts,
defaults or omissions of duty.

Cited but not construed in Noble v. Birnie, 105 Md. 79.

1904, art. 16. sec. 230. 18SS, art. 16, sec. 212. 1870, ch. 247, sec. 2.

246. Upon passing such decree, as mentioned in the preceding sec-
tion, or at any time thereafter, on the motion of any person interested
in the further execution of said trust, where the character of the trust
requires the appointment of another person as trustee in place of the
discharged trustee, the said court shall appoint some suitable person to
act thereafter in execution of said trust; provided, nevertheless, that
where any person shall be in the same trust as a co-trustee, satisfactory
evidence shall be produced before the appointment of a substituted trus-
tee that such co-trustee had actual notice of the proposed appointment
of such new trustee and full time to be heard in relation thereto.

Cited but not construed in Western Md. R. R. Co. v. Goodwin, 77 Md. 278.

Ibid. sec. 231. 1888, art. 16, sec. 213. 1S76, ch. 245. sec. 1. 1894. ch. 530

247. A trustee in the State of Maryland, either by deed or will, or
by appointment by order of the circuit court or circuit court No. 2 of
Baltimore city, or by any court in this State having equity jurisdiction,
or the committee of any lunatic having funds, money or property of
any kind or description, whether invested, or uninvested, belonging to
cestui que trust or lunatic, may, upon order of the circuit court or cir-
cuit court No. 2 of Baltimore city, or upon order of any court of this
State having equity jurisdiction, or any judge thereof, transfer, assign
or pay over the principal of said trust estate, of whatever it may con-
sist, and being the property of his cestui que trust, or of such lunatic,