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The Annotated Code of the Public General Laws of Maryland, 1924
Volume 375, Page 2931   View pdf image (33K)
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TESTAMENTARY LAW. 2931

the owner of the leasehold estate, his heirs and assigns, all right, title,
interest and estate of the said infant owners of the fee and reversion,
either at law or in equity, in and to the same; and the money arising from
such redemption of ground rents shall be accounted for by said guardians
in the orphans' court ordering such transfer and conveyance. Every peti-
tion hy guardians as aforesaid shall set. forth the location and a description
of the land, the liber and folio of the land records wherein the same is
recorded, the date of the lease whereby the said rent was created, the amount
of the annual ground rent, the amount at and for which the ground rent
is redeemable, and the petition shall also state that notice as required by
law, or as required by the lease, as the case may be, has been given by the
owner of the leasehold estate, and such other facts as may be necessary to
properly present the matter to the court, and all such petitions shall be
sworn to by the guardian.

As to when ground-rents are redeemable, see art. 21, secs. 94 and 95, and art. 53,
sec. 25.

As to the redemption of ground-rents vested in a trustee without a power of sale,
see art. 16, sec. 266.

An. Code, sec. 172. 1904, sec. 171. 1888, sec. 171. 1816, ch. 154. 1872, ch. 403. 1882, ch. 384.
1886, ch. 231. 1890, ch. 211. 1892, ch. 100.

.178. They shall order the guardian who has received from any trustee
of a court of equity any proceeds of real estate of his ward sold by such
trustee, or the proceeds of the sale of leasehold estate of his ward, sold
by order of the orphans' court, or moneys belonging to his ward, to invest
the same in mortgages on unincumbered real estate, worth at least double
the amount loaned, or such public stock, permanent funds, or other good
securities to be selected by said guardian, as will yield the highest rate
of interest that can reasonably be had, or they may when it is clearly for
the benefit of the ward order the same to be invested in land; and the
investment selected shall be reported to the court for its approval before
becoming permanent and the increase or surplus income of such investment,
after what may be necessary for the maintenance and education of the ward,
shall be invested in like manner under the direction and approval of the
court, and no part of the principal shall be applied to the maintenance and
education of the ward without the order and consent of the orphans' court
first had and obtained.

The orphans' court has no jurisdiction to authorize a guardian to invest ward's
funds in a loan to guardian himself upon his promissory note bearing interest. Defini-
tion of term " investment." Fidelity & Deposit Co. v. Freud, 115 Md. 31.

Equity will order the proceeds of a sale of an infant's property turned over to his
guardian—art. 16, sec. 68.

An. Code, sec. 173. 1904, sec. 172. 1888, sec. 172. 1816, ch. 154, sec. 7. 1872, ch. 403.

179. All moneys invested under the preceding section shall be invested
in the name of the ward, and shall be transferable only under the order
of the orphans' court; and all transfers without such order shall be void;
and whenever the orphans' court shall in its discretion authorize a guardian
to invest or mortgage the proceeds of the sale of real estate belonging to

 

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The Annotated Code of the Public General Laws of Maryland, 1924
Volume 375, Page 2931   View pdf image (33K)
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