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The Annotated Code of the Public General Laws of Maryland, 1914
Volume 373, Page 174   View pdf image (33K)
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174 CHANCERY. [ART. 16

Sales.
218.

This section and section 228 referred to in construing article 93, section
331. Executors held to have no power under a will to sell real estate for
the payment of legacies. St. John's Church v. Dippoldsman, 118 Md. 247.

224.

This section referred to in holding that there was no reversible error in
an order directing a resale of property. This section applies to sales made
under powers in mortgages. Middendorf v. Baltimore Refrigerating Co.,
117 Md. 23.

228.

When a trustee has an implied power of sale under a will, the validity
of a sale by him is not affected by the fact that he applies for a decree
under this section instead of acting under the will. Under this section, it
. must appear that the sale was advantageous to the parties at the time of
the decree. A decree authorizing sales to be made from time to time upon
application to be thereafter made to the court, does not conform to this sec-
tion. Preston v. Safe Deposit Co., 116 Md. 214.

A bill held sufficient to give the court jurisdiction under this section;
parties; title upheld. Saml. Ready School v. Safe Deposit & Trust Co., 121
Md. 517.

For a bill filed by a life tenant against the trustees and remaindermen
praying a sale under this section, see Poultney v. Emerson, 117 Md. 656.

To the third note to section 228 on page 430 of volume 1 of the Anno-
tated Code, add the case of Levering v. Gosnell, 115 Md. 588.

See notes to section 218.

Trustee.
235.

This section was intended to afford full protection to persons interested
in the trust property; bill held sufficient to authorize the court to exercise
its power under this section. Condon v. TIpdegraf, 117 Md. 75.

To the third note to section 235 on page 434 of volume 1 of the Anno-
tated Code, add the case of Schmidt v. Hinkley, 115 Md. 337.

1904, art. 16, sec. 221. 1888, art. 16, sec. 205. 1874, ch. 483, sec. 107.
1892, ch. 241. 1900, ch. 114. 1912, ch. 778.

237. Every trustee to whom any estate, real, personal or mixed,
shall be limited or conveyed for the benefit of creditors, or to be sold
for any other purpose, except upon a contingency, shall file with the
clerk of the court in which the deed or instrument creating the trusts
may be recorded, a bond in such penalty as the clerk may prescribe,
being as nearly as can be ascertained double the amount of the whole
trust estate, and with sureties to be approved by the clerk, conditioned
for the faithful performance of the trusts reposed in such trustee, which
bond shall be retained and recorded in the office of said clerk; and no
title shall pass to any trustee as aforesaid, until such bond shall be filed
and approved as aforesaid, and no sale made by any such trustee with-
out such bond shall be valid or pass any title to such property or estate.
If the trust estate consists of real property, or of real and personal prop-
erty, situated partly in the county or city in which the grantor reside,
and partly in one or more other counties, it shall be sufficient that a
bond has been accepted and filed in the county of the grantor's residence;

 

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The Annotated Code of the Public General Laws of Maryland, 1914
Volume 373, Page 174   View pdf image (33K)
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