CHANCERY. 483

the court may decree that the property of such non compos mentis, or so
much thereof as may be necessary, be sold for the support of such non
compos mentis, or for the payment of all reasonable and just expenses which
said trustee may have incurred.

This section referred to in deciding that the court having jurisdiction over a
lunatic and her estate, must see that she is provided for out of the funds under its
control, leaving the question of the liability of the husband for such expenses to
be determined in an appropriate proceeding. Bliss v. Bliss, 133 Md. 74.

The custody of the person and property of the lunatic must have been already
committed to the trustee before this section can apply. This section distinguished
from sec. 121. Sale held not to have been made for any of the purposes men-
tioned in this section. See note to sec. 121. Rutledge v. Rutledge, 118 Md. 557.

Property of the lunatic may be sold to pay taxes and his living expenses without
the formalities (prior to the act of 1894, ch. 221) prescribed by sec. 121. Estate of
Dorney, 59 Md. 70. Willis v. Hodson, 79 Md. 330.

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

An. Code, sec. 122. 1904, sec. 115. 1888, sec. 104. 1797, ch. 114, sec. 7. 1813, ch. 21.

126. The court may, on the application of any trustee of a person
non compos mentis, and receiving proof that it is necessary and proper
to confine such person, direct such trustee to send the person under his
charge to any hospital in the vicinity of the city of Baltimore, provided he
can be there received, to remain until the further order of the. court.

An. Code, sec. 123. 1904, sec. 116. 1896, ch. 33, sec. 104A.

127. In case of application by petition of a person who has been ad-
judged a lunatic or non compos mentis to have the commission superseded
on the ground of 'recovery or restoration to a sound state of mind and
capacity to manage his affairs, the petitioner shall be entitled to have the
question submitted to a jury empaneled under the order of the court for
the purpose, whose verdict shall be binding on the court, unless set aside
for cause.

See notes to sec. 117.

128.1

1920, ch. 712, sec. 123A.

129. If any non-resident non compos mentis, declared to be such by
a Court of competent jurisdiction in the State, District or Territory of
the United States in which such non compos mentis resides, shall be en-
titled to any legacy, bequest or distributive share or to the proceeds of any
sale made under a decree of a court of equity, or to any money or property
in the hands of a trustee appointed by will or deed, or any property in the
hands of any executor or administrator in this State, and such non compos
mentis has a committee or guardian regularly appointed where he or she
resides, such foreign committee may upon application by petition to the
proper Court in this State obtain an order for the payment, transfer, or
delivery of such proceeds, legacy, bequest or distributive share by such
trustee, administrator, executor or other fiduciary; provided the petition

1 Through inadvertence no section was numbered 128.