482 ARTICLE 16.

mortgage, lease or surrender of a lease of the whole or any part of said
property on such terms and conditions as the Court may prescribe.

While it is not necessary to adopt the proceedings required by this section to
enable the court to order a sale of a lunatic's property for the purpose of paying
his expenses or for his support, when a sale is made for such purpose, there should
be an application to the court showing the object and necessity of the sale, and
something of record to show its purpose. Court held to have no power to ratify a
sale for investment by reason of a failure to comply with this section; this section
must be substantially complied with before a decree for sale or lease under secs.
119 and 120 can be passed. Under this section the guardian, committee or trustee
of the property may apply for its sale, whereas under sec. 125, the trustee or com-
mittee of the person and estate must apply. An attempted sale held invalid. See
note to sec. 125. Rutledge v. Rutledge, 118 Md. 556 (decided prior to the act of
1912, ch. 478).

This section has no application to a sale at the instance of a lunatic's committee
for the purpose of paying taxes and the lunatic's board. History and object of
this section. When this section applies. Estate of Dorney, 59 Md. 70 (decided prior
to the act of 1894, ch. 221).

Prior to the act of 1894, ch. 221, to give the court jurisdiction to order a sale
under sec. 119, there must have been a summons or order of publication. Effect of
the act of 1894, ch. 221. Willis v. Hodson, 79 Md. 329.

Although the averments of a bill for the sale of a lunatic's real estate are not
sufficient, a party not injured thereby cannot rely on such defect. Wampler v.
Wolfinger, 13 Md. 345.

This section referred to in construing sec. 52—see notes thereto. Tome v.
Stump, 89 Md. 269.

Cited but not construed in Williams' Case, 3 Bl. 192. Campbell's Case, 2 Bl. 224.

122.1

An. Code, sec. 119. 1904, sec. 112. 1888, sec. 101. 1785, ch. 72, sec. 8. 1800, ch. 67, sec. 4.

1912, ch. 478.

123. No sale, mortgage, lease or surrender of a lease of the property,
real or personal of a person non compos mentis shall be valid unless the
same shall be reported to and confirmed by the Court.

This section construed in connection with sec. 52—see notes thereto: Tome v.
Stump, 89 Md. 273.

This section referred to in construing secs. 121 and 125—see notes thereto. Rut-
ledge v. Rutledge, 118 Md. 558 (decided prior to the act of 1912, ch. 478).

An. Code, sec. 120. 1904, sec. 113. 1888, sec. 102. 1828, ch. 26, secs. 4, 5.

124. The court may allow to the trustee, committee or other person
charged with the care of the person or estate of any non compos mentis,
any sum not exceeding ten per cent, on the income and expenditures of
such non compos mentis, for the care and trouble of such trustee, or person
so charged as aforesaid.

The trustee, etc., does not receive commissions on the fund which he pays over
to the non compos when he is restored to reason, or to his representatives. It is
only on the receipts and expenditures during the continuance of the trust that com-
missions are allowed. Whyte v. Dimmock, 55 Md. 455.

As to when costs, counsel fees and other expenditures will be allowed a com-
mittee, see Colvin's Estate, 4 Md. Ch. 126.

This section referred to in construing secs. 121 and 125—see notes thereto. Rut-
ledge v. Rutledge, 118 Md. 554.

An. Code, sec. 121. 1904, sec. 114. 1888, sec. 103. 1800, ch. 67, sec. 2.

125. In all cases where a trustee has been appointed by the court for
the management of the person and estate of a person non compos mentis,

1 Through inadvertence no section was numbered 122.