480 ARTICLE 16.

This section contemplates any surplus belonging to the lunatic being in the
hands of his committee. Trustee should state a full and proper account. Ex parte
Nicholas, 142 M'd. 614.

Although the court cannot dispose of the person or estate of a citizen without
his having been adjudicated insane, yet under certain circumstances, the court will
protect both, prior to such adjudication. Owings' Case, 1 Bl. 290.

Generally.

The matter of the appointment of a committee is within the discretion of the
equity court, and no appeal lies; considerations which should influence that dis-
cretion. Sometimes the lunatic's person may be committed to one party, and his
property to another. Colvin's Estate, 3 Md. Ch. 278. And see Morgan's Case, 3
Bl. 332; Boarman's Case, 2 Bl. 89.

The death of a lunatic terminates the office of the committee, and the equity
court will order the estate passed over to the decedent's representatives. Cain v.
Warford, 3 Md. 461; Colvin's Estate, 3 Md. Ch. 278.

This section does not prevent a lunatic from being sued at law, and judgment
being entered against him...Stigers v. Brent, 50 Md. 220. And see Tomlinson v.
Devore, 1 Gill, 347.

History of this section. This section referred to in construing sec. 119—see
notes thereto. Hamilton v. Traber, 78 Md. 32.

This section referred to in construing secs. 121 and 125—see notes thereto. Estate
of Dorney, 59 Md. 69.

This section quoted—see notes to sec. 162. In re Paca, 140 Md. 50.

Cited but not construed in Williams' Case, 3 Bl. 192.

Cross references.

As to non-resident non compos, see sec. 131.

As to specific performance against non-resident non compos, see sec. 133.

As to the jurisdiction of equity to decree relative to mortgaged property owned
by non compos, see sec. 102.

As to the jurisdiction of equity to decree relative tp property of a non compos
which is subject to a contract, see sec. 103.

Re. sale of real estate of a non compos to save personalty, see sec. 104.

Re. procedure upon bill of review in the interest of non compos, see sec. 194.

As to how non compos should answer and sue, see secs. 161 and 162.

No decree pro confesso may pass against insane defendants—see sec. 219.

As to lunatics and insane persons, see also arts. 44 and 59.

As to the provision of the law where a non compos is entitled to an election, see
art. 46, sec. 23. See also art. 46, sec. 21.

And see sec. 127, and art. 59, sec. 21.

An. Code, sec. 115. 1904, sec. 108. 1888, sec. 97. 1785, ch. 72, sec. 6.

118. On the application of any creditor of a person non compos mentis,
the court may decree a sale of the real or personal estate of such non compos
mentis, or such part thereof as may be necessary to pay the claim of such
creditor, if the court is satisfied of the justice of the claim, and that there
is no other means of paying the same.

As the lunatic himself cannot, after inquisition found, contract a debt, the claims
of the creditors referred to in this section must exist before the inquisition, or may
consist of liens on his property. See note to sec. 121. Rutledge v. Rutledge, 118
Md. 556.

An. Code, sec. 116. 1904, sec. 109. 1888, sec. 98. 1790, ch. 60, sec. 2. 1800, ch..67, sec. 3.
1819, ch. 144, sec. 1. 1828, ch. 26. 1829, ch. 222. 1894, ch. 221.

119. The court which may have appointed a guardian, committee or
trustee of the property of a person non compos mentis may, upon the appli-
cation of such guardian, committee or trustee, without any process or order
of publication, order or decree the sale of any real, leasehold or personal
property to which such person non compos mentis, may be entitled and