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The Annotated Code of the Public General Laws of Maryland, 1939
Volume 379, Page 1372   View pdf image (33K)
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1372 ARTICLE 31A

(b) To direct the executors, administrators, or trustees to do or abstain
from doing any particular act in their fiduciary capacity; or

(c) To determine any question arising in the administration of the
estate or trust, including questions of construction of wills and other
writings.

1939, ch. 294, sec. 5.

5. (Enumeration Not Exclusive.) The enumeration in Sections 2, 3,
and 4 does not limit or restrict the the exercise of the general powers
conferred in Section 1, in any proceeding where declaratory relief is sought,
in which a judgment or decree will terminate the controversy or remove an
uncertainty.

1939, ch. 294, sec. 6.

6. (Discretionary.) The court may refuse to render or enter a declara-
tory judgment or decree where such judgment or decree, if rendered or
entered, would not terminate the uncertainty or controversy giving rise
to the proceeding. The Court may order a speedy hearing of an action
for a declaratory judgment, and may advance it on the calendar.

1939, ch. 294, sec. 7.

7... (Review.) All orders, judgments and decrees under this Article
may be reviewed as other orders, judgments and decrees.

1939, ch. 294, sec. 8.

8. (Supplementary Relief.) Further relief based on a declaratory
judgment or decree may be granted whenever necessary or proper. The
application therefor shall be by petition to a court having jurisdiction to
grant the relief. If the application be deemed sufficient, the court shall,
on reasonable notice, require any adverse party whose rights have been
adjudicated by the declaratory judgment or decree, to show cause why fur-
ther relief should not be granted forthwith,

1939, ch. 294, sec. 9.

9. (Jury Trial.) When a proceeding under this Article involves the
determination of issues of fact, such issues may be submitted to a jury in the
form of interrogatories, with proper instructions by the court, and either a
general or special verdict may be taken.

1939, ch. 294, sec. 10.

10. (Costs.) In any proceeding under this Article the court may make
such award of costs as may seem equitable and just.

1939, ch. 294, sec. 11.

11. (Parties.) When declaratory relief is sought all persons shall be
made parties who have or claim any interest which would be affected by the
declaration, and no declaration shall prejudice the rights of persons not
parties to the proceeding. In any proceeding which involves the validity
of a municipal ordinance or franchise, such municipality shall be made a
party, and shall be entitled to be heard, and if the statute, ordinance or


 

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The Annotated Code of the Public General Laws of Maryland, 1939
Volume 379, Page 1372   View pdf image (33K)
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