ART. 16] NON COMPOS MENTIS. 171

object and necessity of the sale, and something of record to show its pur-
pose. Court held to have no power to ratify a sale for investment by rea-
son of a failure to comply with this section; this section must be substan-
tially complied with before a decree for sale or lease under sections 116
and 117 can be passed. Under this section the guardian, committee or
trustee of the property may apply for its sale, whereas under section 121,
the trustee or committee of the person and estate must apply. An attempt-
ed sale held invalid. See note to section 121. Rutledge v. Rutledge, 118
Md. 556 (decided prior to the act of 1912, chapter 478).

See notes to this section (as it stood in 1911) in volume 1 of the Anno-
tated Code.

1904, art. 16, sec. 112. 1888, art. 16, sec. 101. 1860, art. 16, sec. 84.
1785, ch. 72, sec. 8. 1800, ch. 67, sec. 4. 1912, ch. 478.

119. No sale, mortgage, lease or surrender of a lease of the property,
real or personal of a person non compos mentis shall be valid unless the
same shall be reported to and confirmed by the Court.

This section referred to in construing sections 118 and 121—see notes
thereto. Rutledge v. Rutledge, 118 Md. 558 (decided prior to the act of
1912, chapter 478).

See notes to this section (as it stood in 1911) in volume 1 of the Anno-
tated Code.

120.

This section referred to in construing sections 118 and 121—see notes
thereto. Rutledge v. Rutledge, 118 Md. 554.

121.

The custody of the person and property of the lunatic must have been
already committed to the trustee before this section can apply. This sec-
tion distinguished from section 118. Sale held not to have been made for
any of the purposes mentioned in this, section. See note to section 118,
Rutledge v. Rutledge, 118 Md. 557.

Non-Residents.

1914, ch. 708.

125A. In all cases in chancery where the non compos mentis owns
property in this State and is a non-resident and has been adjudicated
as a non compos mentis in a foreign jurisdiction, and a guardian, com-
mittee or trustee has been appointed and has qualified under the author-
ity of a competent tribunal in said foreign jurisdiction an exemplified
copy of said adjudication and qualification and appointment shall be
full proof in the Courts of this State of the disability of such person
and of the legality of the appointment and qualification of such guar-
dian, committee or trustee, and the Court, upon a bill or petition of
such guardian, committee or trustee, shall order a sale or sales of the
property of such non compos mentis located within this State, if it shall
appear to the Court to be for the best interest of such non compos
mentis, either at public or private sale, but before a confirmation of
such sale shall be made it shall affirmatively appear to the Court that a
notice to creditors, in the usual form followed in equity to file claim, if
any they have, has been given by public notice in one "or more news-
papers published in the city or county where the property lies for at
least thirty days, and in all other matters and things the usual practice