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64 CHANCERY. [ART. XVI
Apart from this section equity has no authority to decree a sale of the
title of unborn remaindermen. A portion of the proceeds of the sale may
not be reserved from the reinvestment prescribed by this section for dis-
tribution at once to the life tenant. This section does not admit of a
present money payment in lieu of a life interest. Penson v. Denson, 125
Md. 359.
This section referred to in upholding the power of trustees to sell prop-
erty under a power of sale in a will, irrespective of whether that par-
ticular property had been held by the testator in his lifetime. Carter v.
Mullin, 123 Md. 329.
Exceptions to the title of property sold under this section, overruled
Stewart v. Kreuzer, 127 Md. 4.
Trustee.
.245.
This section referred to in holding that persons who did not create a
trust, are not the beneficiaries, are not charged with the execution of any
part of it, and have no interest in the trust property, may not invoke the
jurisdiction of the court over the trust or for the appointment of a trustee
in the place of one of the trustees named in the will who may desire to
resign. Tarbert v. Kollins, 130 Md. 427.
1918. ch. 431.
246A. Whenever any property, real or personal, or both, in this
State, has been limited or conveyed to a trustee or trustees to secure
the payment of money, and said trustee or trustees, the survivor of
them, or trustee or trustees substituted in said trust, shall die, resign
of for any reason fail or neglect to act in the performance of his or
their duties, upon petition setting forth under oath the facts of said
trust, the death, resignation or failure to act of the trustee or trustees,
and such other facts as may be necessary to entitle the petitioner or
petitioners to the relief prayed, by any person or persons interested
in the release or execution of said trust, to any Court of Equity hav-
ing jurisdiction over said property, said Court shall have power to
pass a decree substituting a trustee or trustees in the place of the
trustee or trustees so dying, resigning, failing or neglecting to act,
with fill the powers and liabilities of said trustee or trustees for whom
he or they are substituted. In such proceedings, notice by summons
or publication, according to the practice in equity in said Court, shall
be given to said trustee or trustees to be removed or replaced as afore-
said, if living, and if dead it shall not be necessary to give such notice
or to make his heir at common law or his heirs, devisees or personal
representatives parties thereto but the Court shall lay a rule upon the
party or parties whose property is liable for the payment of said
money or upon the beneficiary or beneficiaries of said trust if a release
thereof be sought, unless he or they shall voluntarily appear and admit
the allegations of the petition, to show cause under oath on or before
fifteen days after service of such rule why the prayer of said petition
shall not be granted. If said party or parties cannot be found in this
State, service of said rule shall be by publication, according to the
practice in equity in said Court. If no cause be shown, notwithstand-
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