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The Annotated Code of the Public General Laws of Maryland, 1924
Volume 375, Page 2935   View pdf image (33K)
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TESTAMENTARY LAW. 2935

the same by attachment, and may direct the bond of such removed guardian
to be put in suit.

This section contrasted with sec. 199—see notes thereto. State v. Henderson, 54
Md. 344.

Upon the failure of a guardian to turn over property as ordered by the court, his
bond at once becomes liable to suit. Byrd v. State, 44 Md. 503.
See notes to sec. 251.

An. Code, sec. 189. 1904, sec. 188. 1888, sec. 188. 1846, ch. 149, sec. 3.

195. Nothing contained in the two preceding sections shall be construed
to relieve the guardian whose appointment is revoked from the liabilities
of other guardians whose appointments are revoked; and such revocation
shall be of no force and effect whatsoever until the newly appointed
guardian shall have signified his acceptance of the appointment by filing
in the orphans' court his bond, in such penalty and with such sureties as
the court shall approve.
See notes to sec. 251.

An. Code, sec. 190. 1904, sec. 189. 1888, sec. 189. 1831, ch. 315, sec. 8.

196. Whenever the orphans' court for any cause shall revoke the guard-
ianship of any guardian, and there be no remaining guardian, they shall
appoint a new guardian; and if the party whose guardianship is revoked
shall not, within a reasonable time to be fixed by the court, deliver over to
the remaining guardian (if there be one, if not, then to the new guardian)
all the property of the ward remaining in the hands of the party whose
guardianship is revoked, and also all the books, bonds, notes and evidences,
of debt or funds, and also all title to property or stock which belong to
or are due to the ward, in the possession of the guardian, and also pay
over to the remaining guardian (if there be one, if not, then to the new
guardian) all the money due to said ward, the said court may compel the
delivery and payment over as aforesaid by attachment and sequestration
of the property of the party whose guardianship may be revoked, and may
direct his bond to be put in suit.

Upon failure of a guardian to turn over property as ordered by court, his bond at
once becomes liable to suit. Byrd v. State, 44 Md. 503. Cf. State v. Henderson,
54 Md. 343.

Where a guardian admits that he is insolvent and unable to pay, he waives re-
quirement that a reasonable time be given him to turn over ward's money to new
guardian. Gunther v. State, 31 Md. 33.

The orphans' court has no jurisdiction to authorize guardian to invest the ward's
funds in a loan to guardian himself upon his promissory note bearing interest.
Fidelity Co. v. Freud, 115 Md. 32.

This section contrasted with sec. 199—see notes thereto. State v. Henderson, 54
Md. 343.

Cited but not construed in Corrie's Case, 2 Bl. 500.
See notes to sec. 251.

An. Code, sec. 191. 1904, sec. 190. 1888, sec. 190. 1833, ch. 15, sec. 1.

197. Where any infant shall be entitled to any legacy or distributive
share of an estate, or any personal property in the hands of an adminis-
trator, and a guardian for such infant has been or may be appointed by any
orphans' court of this State, whose appointment, however, has been irregu-
larly made, and is or shall be liable to be revoked or declared void for any

 

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The Annotated Code of the Public General Laws of Maryland, 1924
Volume 375, Page 2935   View pdf image (33K)
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