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The Annotated Code of the Public General Laws of Maryland, 1924
Volume 375, Page 533   View pdf image (33K)
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CHANCERY. 533

The act of 1845, ch. 166, held not to apply to deeds of trust executed before its
adoption. Walgamot v. Davis, 6 Gill, 485.

Cited but not construed in National Park Bank v. Lanahan, 60 Md. 511; Cockey
v. Leister, 12 Md. 128; Charles v. Clagett, 3 Md. 91 (dissenting opinion).

No bond is required of a trust company appointed trustee by the court—art. 11,
sec. 48.

As to the payment of the premium of the bond out of the estate being admin-
istered, see art. 24, sec. 10.

An: Code, sec. 234. 1904, sec. 218. 1888, sec. 202. 1785, ch. 72, sec. 9.

249. No sale made by a trustee appointed by the court shall be valid
unless such sale is confirmed by the court; and the court may order any
such trustee to bring into court any money, notes or bonds he may receive
for the purchase money on any sale he may make, to be disposed of as the
court may direct.

A sale not ratified is not void, but at most only voidable, if successful objection
is made for fatal irregularity, fraud or misrepresentation. Hopper v. Haines, 71
Md. 76.
Cited but not construed in Gould v. Chappell, 42 Md. 469.

An. Code, sec. 235. 1904, sec. 219. 1888, sec. 203. 1785, ch. 72, sec. 10. 1870, ch. 370.

1874, ch. 428. 1878, ch. 136.

250. In all cases where a trustee has been appointed by will or deed
to execute any trust, and any person interested in such trust shall make
it appear to the court that it is necessary for the safety of those interested
in the execution of the trust, that the trustee should give bond and security
for the due execution of the trust, the court may wder that such bond be
given, on or before such day as the court shall name; and if the bond, with
such security as the court shall approve, be not given by such trustee, then
the court may remove such trustee and appoint one in his stead, who shall
give such bond and security as the court may require.

Under this section, persons entitled in remainder may apply for security for the
proper administration of the trust, and bond should be given under the direction
of the court before executors turn the money over to trustee. McClernan v. Mc-
Clernan, 73 Md. 288. And see State v. Hewlett, 48 Md. 144.

Under this section, the court may order execution of an adequate bond, and if
order is not complied with, remove trustee and appoint another; or if the bond is
insufficient, the court may order another given. Suit v. Creswell, 45 Md. 531;
Campbell's Case, 2 Bl. 209; Jones v. Stockett, 2 Bl. 436.

This section was intended to afford full protection to persons interested in the
trust property; bill held sufficient to authorize the court to exercise its power
under this section. Condon v. Updegraf, 117 Md. 75.

This section applies to a deed creating a trust to hold property for a time and
then convey it absolutely, an incidental power of sale being conferred. Talbott v.
Leatherbury, 92 Md. 168; Schmidt v. Hinkley, 115 Md. 337.

This section applied. Chappell v. Clarke, 94 Md. 181.

This section referred to in construing sec. 252—see notes thereto. Philbin v.
Thurn, 103 Md. 347.

Cited but not construed in Druid, etc., Co. v. Oettinger, 53 Md. 60.

As to the payment of the premium of the bond out of the estate being admin-
istered, see art. 24, sec. 10.

An. Code, sec. 236. 1904, sec. 220. 1888, sec. 204. 1785, ch. 72, sec. 10.

251. The bond of every trustee appointed by the court, and the bonds
of trustees who are ordered by the court to give bond, shall be filed with
the clerk of such court and recorded.
See notes to sec. 250.

 

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The Annotated Code of the Public General Laws of Maryland, 1924
Volume 375, Page 533   View pdf image (33K)
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