2924 ARTICLE 93.
which may be obtained by such guardian out of the State, by virtue of such
appointment or guardianship.
This section referred to in deciding that a guardian was entitled to receive certain
property from a trustee under a will. Strite v. Furst, 112 Md. 106.
An. Code, sec. 151. 1904, sec. 150. 1888, sec. 151. 1830, ch. 174, sec. 1.
156. Whenever any person shall die seized or possessed of any lands,
tenements or hereditaments lying within this State, and any of the persons
entitled thereto, or any part thereof, shall be under age, and without a
guardian appointed by last will and testament, or by the orphans' court,
the administrator of the decedent, as soon as administration, shall be com-
mitted to him, and not before, shall take possession of such estate and
discharge and fulfil all the duties of guardian to such infant, and shall
account with the court in like manner as guardians are required by law
to account, and subject to the like control and authority of the court, in
all respects whatever.
While under this section and sec. 157, if no guardian is appointed, administrators
will be required to account as guardians in county in which they were appointed
(Queen Anne's), they could not account in Baltimore city for acts done by them
under their appointment in said county. These two sections only contemplate the
care of infants' property temporarily, and not that administrator shall be perma-
nent guardian. See notes to sec. 149. Sudler v. Sudler, 121 Md. 55.
For cases involving question of in which of two capacities a fiduciary holds funds,
see Gable v. Cheston, 51 Md. 352; Kirby v. Pascault, 51 Md. 383; Sparks v. Weedon,
21 Md. 156; Hanson v. Worthington, 12 Md. 418; Flickinger v. Hull, 5 Gill, 74;
Watkins v. Wells, 2 G. & J. 220; Seegar v. State, 6 H. & J. 162; State v. Jordon, 3
H. & McH. 179.
An. Code, sec. 152. 1904, sec. 151. 1888, sec. 152. 1825, ch. 63, sec. 1. 1890, ch. 404.
157. No administrator shall be bound in any manner to discharge
and fulfil the duties of guardian after the close of his administration, or
after the end of three years from the granting of such administration, nor
after a guardian shall be appointed by the orphans' court; and whenever
an administrator is ready to pay over any money and there is no guardian
of the person entitled who is under age, the several orphans' courts of
this State may order that such money shall be deposited in any bank, sav-
ings bank, safe deposit company or other corporate body to be named in
the order, in which it may draw interest in the name of the person entitled,
subject, however, to the order of such court, where it shall remain, and the
administrator shall retain the book of deposit or receipt for such deposit,
until such person becomes of age to receive it, or a guardian be appointed,
and such order and the deposit made in pursuance thereof shall be a
release to such administrator.
See notes to sec. 156.
An. Code, sec. 153. 1904, sec. 152. 1888, sec. 153. 1820, ch. 174, sec. 2.
158. When a guardian or guardians shall be appointed to such infant,
or the said infant shall arrive at age, or if a female be married—which-
ever shall first happen—the administrator shall render to the orphans' court
an account on oath of the manner in which the duties imposed by the two
preceding sections have been discharged, in the same manner and upon
|
![clear space](../../../images/clear.gif) |