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INSOLVENTS. 1737
a new bond or a new security or securities to be given, and may remove any
trustee on failure in compliance or for incompetency or neglect of duty,
and shall have all the powers over the trustees under this article, which
courts of equity have over trustees appointed by decree to sell property;
and the said courts shall, by their rules, provide the method and forms for
the proof of claims against the estate of insolvents.
A separate bond must be given in each ease, though the trustee be the same per-
son. Gable v. Scott, 56 Md. 186.
A creditor of an insolvent cannot maintain an action on the trustee's bond until
his claim has been audited and directed to be paid by the court, and the trustee
has notice. State v. Mayugh, 13 Md. 377.
The trustee being answerable only for a breach of trust, no proceedings can be
instituted against him until ratification of audit. Insolvent Estate of Leiman,
32 Md. 240.
An equity court has no jurisdiction to remove or appoint an insolvent trustee,
though it will exercise ancillary jurisdiction for prevention of injury until insol-
vent court can take hold. Powles v. Dilley, 2 Md. Ch. 127; Powles v. Dilley, 9
Gill, 239.
Insolvent courts have no jurisdiction to compel executors and administrators
of a deceased trustee to account in such court. The insolvent court may, however,
proceed against the trustee for default or neglect of duty. Purviance v. Glenn, 8
Md. 206.
A trustee's appointment will not be rescinded because he was counsel for the
applicant and represented no creditors. Teackle v. Crosby, 14 Md. 21.
Upon the death of the trustee, the insolvent court must appoint another. Jami-
son v. Chestnut, 8 Md. 39.
Where one of the permanent trustees dies and the other removes from the juris-
diction, insolvent court may appoint a trustee in their place, and thereupon pro-
visional trustee must convey accordingly. Glenn v. Karthaus, 4 G. & J. 392.
The filing of the schedule of an insolvent is not a filing of the claim of an alleged
creditor. Strike v. McDonald, 2 H. & G- 192.
An. Code, sec. 14. 1904, sec. 14. 1888, sec. 14. 1854, ch. 193, sec. 13. 1880, ch. 172.
1884, ch. 295. 1886, ch. 298. 1890, ch. 364. 1896, ch. 184. 1896, ch. 446.
14. No deed or conveyance executed, or lien created by any person
being insolvent or in contemplation of insolvency, save as hereinafter pro-
vided, shall be lawful or valid if the same shall contain any preference,
save such as result from operation of law, and save those for the wages or
salaries to clerks, servants, salesmen and employes contracted not more
than three months anterior to the execution thereof; and all preferences,
with the exceptions aforesaid, shall be void, howsoever the same may be
made; provided, the grantor or party creating said lien or preference shall
be proceeded against under section 23 of this article, or shall apply for the
benefit of this article under section 1 within four months after the record-
ing of the deed or conveyance or the creation of said lien or preference,
and shall be declared or shall become, under the provisions of this article,
an insolvent; provided, that nothing in this section shall apply so as to
set aside or render invalid the lien of any such judgments, mortgage or
other conveyance executed by the debtor for money bona fide loaned or
paid at the time of the creation of such judgments, mortgage or conveyance,
but such shall remain a valid and subsisting lien, although the debtor may
be proceeded against under or may apply for the benefit of this article.
When conveyances, etc., are fraudulent and void.
If the conveyances are in other respects valid and there are no proceedings in
insolvency within prescribed time, conveyances are good. The term " insolvency "
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