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The Annotated Code of the Public General Laws of Maryland, 1924
Volume 375, Page 2925   View pdf image (33K)
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TESTAMENTARY LAW. 2925

the same principles as guardians are hereafter required to settle their
accounts, and subject to the like control and authority of the court in all
respects; and the said account shall be separate and distinct from the ad-
ministration of the personal estate of the deceased; and the orphans' court
shall thereupon pass an order directing such administrator to pay over to
the guardian or guardians, or to the person entitled, as the case may be,
any money remaining in his hands belonging to such infant, which shall
have arisen from the profit of the real estate belonging to such infant,
and also to deliver over to such guardian or guardians, or person entitled,
the real estate of such infant; and upon neglect or refusal of the adminis-
trator to obey such order, or to return an account as herein directed, his
administration bond shall be liable to be sued by such guardian or guard-
ians, or person entitled, and the orphans' court may moreover proceed
against him by attachment and sequestration.

An. Code, sec. 154. 1904, sec. 153. 1888, sec. 154. 1798, ch. 101, sub-ch. 12, sec. 3.

1816, ch. 203, sec. 1.

159. Every natural guardian, or guardian appointed by last will and
testament of the estate or property of infants shall give bond, with securi-
ties to be approved by the orphans' court, as directed in the next succeed-
ing section.

Unless a natural guardian complies with this section within a reasonable time, her
right is forfeited. Right held to be forfeited. Lefever v. Lefever, 6 Md. 476. Cf.
Fridge v. State, 3 G. & J. 112; Sudler v. Sudler, 121 Md. 54.
Cited but not construed in Corrie's Case, 2 Bl. 508.
See notes to secs. 39, 50, 160 and 187.

As to the allowance of cost of corporate surety bonds out of estate, see art. 24,
sec. 10. Trust companies are not required to give bond as guardian—art. 11, sec. 48.
As to counter security, see art. 90, sec. 3.

An. Code, sec. 155. 1904, sec. 154. 1888, sec. 155. 1798, ch. 101, sub-ch. 12, sec. 4.
1831, ch. 315, sec. 11. 1920, ch. 109.

160. Every guardian appointed by the Court, and every guardian by
will, or natural guardian, before he proceeds to act as such, shall enter
into bond to the State of Maryland in such penalty and with such sureties
as the Court shall approve, but whenever the surety upon such bond is a
corporation so authorized to qualify as such, the amount of the penalty
of such bond shall be fixed by the court in an amount not exceeding the
probable value of the estate for which said guardian should account for
and be liable according to law, and to be recorded and be subject to be
put in suit, and to be in all respects on a footing with an administration
bond, with the following conditions: " The condition of the above obliga-
tion is such, that if the above bounden.................. as guardian

to.................. of................. county, shall faithfully ac-
count with the Orphans' Court of.................county, as directed

by law, for the management of the property and estate of the infant under
his care, and shall also deliver up the said property agreeably to the order
of the said court or the directions of law, and shall in all respects perform
the duty of guardian to the said................. according to law,

then the above obligation shall cease; it shall otherwise remain in full
force and virtue in law; " and the said bond shall be liable for the pro-

 

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The Annotated Code of the Public General Laws of Maryland, 1924
Volume 375, Page 2925   View pdf image (33K)
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