3428 AETICLE 93

guardian appointed by last will and testament, or by the orphans' court,
the administrator of the decedent, as soon as administration shall be com-
mitted to him, and not before, shall take possession of such estate and
discharge and fulfil all the duties of guardian to such infant, and shall
account with the court in like manner as guardians are required by law
to account, and subject to the like control and authority of the court, in
all respects whatever.

While under this section and sec. 161, if no guardian is appointed, administrators will
be required to account as guardians in county in which they were appointed (Queen
Anne's), they could not account in Baltimore City for acts done by them under their
appointment in said county. These two sections only contemplate the care of infants'
property temporarily, and not that administrator shall be permanent guardian. See notes
to sec. 152. Sudler v. Sudler, 121 Md. 55.

For cases involving question of in which of two capacities a fiduciary holds funds,
see Gable v. Cheston, 51 Md. 352; Kirby v. Pascault, 51 Md. 383; Sparks v. Weedon,
21 Md. 156; Hanson v. Worthington, 12 Md. 418; Flickinger v. Hull, 5 Gill, 74; Watkins
v. Wells, 2 G. & J. 220; Seegar v. State, 6 H. & J. 162; State v. Jordon, 3 H. & McH. 179.

An. Code, 1924, sec. 157. 1912, sec. 152. 1904, sec. 151. 1888, sec. 152. 1825, ch. 63, sec. 1.

1890, ch. 404.

161. No administrator shall be bound in any manner to discharge
and fulfil the duties of guardian after the close of his administration, or
after the end of three years from the granting of such administration, nor
after a guardian shall be appointed by the orphans' court; and whenever
an administrator is ready to pay over any money and there is no guardian
of the person entitled who is under age, the several orphans' courts of
this State may order that such money shall be deposited in any bank, sav-
ings bank, safe deposit company or other corporate body to be named in
the order, in which it may draw interest in the name of the person entitled,
subject, however, to the order of such court, where it shall remain, and the
administrator shall retain the book of deposit or receipt for such deposit,
until such person becomes of age to receive it, or a guardian be appointed,
and such order and the deposit made in pursuance thereof shall be a
release to such administrator.
See notes to sec. 160.

An. Code, 1924, sec. 158. 1912, sec. 153. 1904, sec. 152. 1888, sec. 153. 1820, ch. 174, sec. 2.

162. When a guardian or guardians shall be appointed to such infant,
or the said infant shall arrive at age, or if a female be married—which-
ever shall first happen—the administrator shall render to the orphans' court
an account on oath of the manner in which the duties imposed by the two
preceding sections have been discharged, in the same manner and upon
the same principles as guardians are hereafter required to settle their
accounts, and subject to the like control and authority of the court in all
respects; and the said account shall be separate and distinct from the ad-
ministration of the personal estate of the deceased; and the orphans' court
shall thereupon pass an order directing such administrator to pay over to
the guardian or guardians, or to the person entitled, as the case may be,
any money remaining in his hands belonging to such infant, which shall
have arisen from the profit of the real estate belonging to such infant,
and also to deliver over to such guardian or guardians, or person entitled,
the real estate of such infant; and upon neglect or refusal of the adminis-
trator to obey such order, or to return an account as herein directed, his
administration bond shall be liable to be sued by such guardian or guard-
ians, or person entitled, and the orphans' court may moreover proceed
against him by attachment and sequestration.