ART. 16] TRUSTEE. 175

if the trust estate consists entirely of real estate in a county or counties
other than of the residence of the grantor, it shall be sufficient that a
bond has been accepted and filed in the county in which the deed has
been recorded; provided, nevertheless, that this section shall neither ap-
ply to, nor include, any deed of trust by which land is conveyed to a trus-
tee or trustees to sell, in whole or in part or parts, for the benefit either
of the grantor or grantors in the said deed of trust or of the person or
persons who have contributed or paid the consideration, other than love
and affection, of the said deed of trust and is or are entitled thereunder
to the proceeds of sale or sales made thereunder.

A deed conveying property to trustees to hold for a person for her life
and then (in case she failed to exercise a power of appointment) to con-
vey it tocher heirs, etc., giving the trustees a power of sale, and further
directing the trustee to repay certain money expended for the support of
the life tenant, is not within the purview of this and the following section,
when it appears that the money so expended was repaid before the sale
in question was made. Exceptions to title overruled. Schmidt v. Hinkley,
115 Md. 336 (decided prior to the act of 1912, chapter 778).

This section as amended by the act of 1892, chapter 241, held not to be
limited to deeds of trust for the benefit of creditors, but applicable to
deeds creating trusts for the sale of property for any other purpose.
Since the trustees failed to file a bond as required by this section, no title
passed to them, and consequently they could convey none. This section is
constitutional and valid; the legislature has the right to change and adopt
rules of evidence and alter remedies. Cases dealing with this section re-
viewed. Cummings v. Wildman, 116 Md. 308 (decided prior to the act of
1912, chapter 778).

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

238.

To the first note to section 238 on page 436 of volume 1 of the Anno-
tated Code, add the case of Cummings v. Wildman, 116 Md. 314.
See notes to section 237.

243.

This section referred to in construing section 237—see notes thereto.
Cummings v. Wildman, 116 Md. 308.

247.

In view of this and the following section, it is not contrary to the policy
of this state to permit the estate of a lunatic to be paid over to a non-
resident guardian or committee, particularly when the property is income
in the shape of a small annuity. Gerke v. Colonial Trust Co., 117 Md. 585.

248.

See notes to section 247.

Witnesses and Testimony.

259.

Where exceptions are filed five days after a decree was passed but were
not acted upon by the lower court, neither this section nor the decisions of
the Court of Appeals are complied with. Nalle v. Safe Deposit & Tr. Co.,
120 Md. 19(5.