2546 ARTICLE 79.

ARTICLE 79.

RELEASES AND RECEIPTS.

1. To executors, administrators and guardians; where , recorded. 2. Where and before whom acknowledged within this state; how certified. 3. Out of this state; how and before whom acknowledged. 4. May be executed by attorney duly authorized by power of attorney. 5. Power of attorney, where recorded.

6. Releases retained by register of wills. 7. To trustees from residents of this state duly acknowledged, may be recorded in office of clerk or register. 8. To trustees from non-residents, may be recorded in like manner. 9. Certified copies to be evidence. 10. Releases of females over eighteen years of age valid.

An. Code, sec. 1. 1904, sec. 1. 1888, sec. 1. 1809, ch. 168, secs. 1, 2. 1829, ch. 216, sec. 7.

1831, ch. 305, sees. 3-5.

1. Any release or receipt executed to any executor, administrator, or
guardian by any person authorized to execute the same, (and any female
over eighteen years of age is hereby authorized to execute the same,) which
shall be acknowledged and certified as hereinafter directed, may be recorded
in the office of the register of wills of the county where letters testamen-
tary or of administration were granted, or where the guardian was ap-
pointed or gave bond; and a copy of the record, under seal, of such release
or receipt shall be evidence of such release or receipt.

Under this section a female eighteen years old may. execute a release to a party
who had been her guardian but who had been removed, a new one being appointed
in his place. McClellan v. Kennedy, 8 Md. 230.

While releases of females eighteen years old to their guardians are valid, under this
section, such releases do not discharge from liability a third party holding funds in
character of trustee; nor does a release to an executor discharge a trustee. Hanson v.
Worthington, 12 Md. 440.

For cases referring to act of 1809, ch. 168, see Warner v. Hardy, 6 Md. 537; Carroll
v. Tyler, 2 H. & G. 57;Fouke v. Fleming, 13 Md. 392.

Cited but not construed in Greenwood v. Greenwood, 28 Md. 385; McClellan v.
Kennedy, 3 Md. Ch. 252; Waring v. Waring, 2 Bl. 674.

See art. 93, secs. 147 and 199.

An. Code, sec. 2. 1904, sec. 2. 1888, sec. 2. 1809, ch. 168, sec. 1. 1831, ch. 305, sec. 1.

2. The releases and receipts mentioned in the preceding section may
be acknowledged in this State before a justice of the peace; and if
acknowledged before a justice of the peace of any other county or city than
that in which it is to be recorded, there shall be a certificate of the clerk
of the circuit court for the county, or of the superior court of Baltimore
city, under the seal of the court, that the person before whom the acknowl-
edgment was taken was at the time of the acknowledgment a justice of the
peace; or before the mayor of a municipal corporation; and if so, the fact
of his being mayor shall be certified under the seal of the corporation; or