TESTAMENTARY LAW. 1223

trial court is in better position to judge and findings of fact will be sustained
unless they are not supported by clear weight of evidence. Hampson et al. v.
Brundige, Daily Record, Feb. 1, 1935.

Cited but not construed in Oxeuham v. Mitchell, 160 Md. 273; Watkins v.
State, 162 Md. 616.

Guardian and Ward.
149.

This section referred to re jurisdiction in divorce case—see notes to art. 16,
sec. 37. Lowe v. Lowe. 150 Md. 603.
As to fiduciaries, see art. 37A.

As to veterans' guardianship, see art. 65, aec. 56B, et seq.
See art. 72A, secs. 1 and 4.

151.

See art. 72A, secs. 1 and 4.

153.

See art. 72A, sec. 4.

1927, ch. 524.

153A. In any and all cases where a tort shall be alleged to have been

committed against any infant, and said infant is in the custody of its

mother, the mother, in the first instance shall have the right to institute

suit against the alleged tort-feasor or tort-feasors for and on account of

such alleged tort; provided, however, that if the mother, within six months

after the commission of the alleged tort, shall have failed to institute suit

as aforesaid, then any person interested in said child, after having first

given notice to its mother, by registered mail at her last known address,

, shall have a right to institute suit as next friend to such infant.

'See art. 72A, sec. 3.

An. Code, 1924. sec. 170. 1912, sec. 165. 1904, sec. 164. 1888, sec. 165.
1798, ch. 101, sub-ch. 12, sec. 10. 1931, ch. 438.

170. Once in each year, or oftener if required by the court, a guardian
shall settle an account of his trust with the Orphans' Court and shall
exhibit to the court the bonds, certificates of stocks, securities of any kind,
deeds of property, bank books of deposits or other evidences of property
belonging to his ward; and the said court shall ascertain at its discretion
the amount of the sum to be annually expended in the maintenance and
education of the infant, regard being had to his future situation, prospects
and destination; and the said court, if it deem it advantageous to the
ward, may allow the guardian to exceed the income of the estate and to
make use of his principal and sell part of the same under its order; but
no part of the real estate shall on account of such maintenance or education
be diminished without the approbation of a Court of Equity as well as
the Orphans' Court.

175-176. Repealed by ch. 533 of the Acts of 1929.