TESTAMENTARY LAW 3429

An. Code, 1924, sec. 159. 1912, sec. 154. 1904, sec. 153. 1888, sec. 154. 1798, ch. 101,
sub-ch. 12, sec. 3. 1816, ch. 203, sec. 1.

163. Every natural guardian, or guardian appointed by last will and
testament of the estate or property of infants shall give bond, with securi-
ties to be approved by the orphans' court, as directed in the next succeed-
ing section.

Unless a natural guardian complies with this section within a reasonable time, her
right is forfeited. Right held to be forfeited. Lefever v. Lefever, 6 Md. 476. Cf. Fridge
v. State, 3 G. & J. 112; Sudler v. Sudler, 121 Md. 54.

Cited but not construed in Corrie's Case, 2 Bl. 508.

See notes to secs. 40, 52, 164 and 189.

As to the allowance of cost of corporate surety bonds out of estate, see art. 24, sec. 10.

As to counter security, see art. 90, sec. 3.

An. Code, 1924, sec. 160. 1912, sec. 155. 1904, sec. 154. 1888, sec. 155. 1798, ch. 101,
sub-ch. 12, sec. 4, 1831, ch. 315, sec. 11. 1920, ch. 109.

164. Every guardian appointed by the Court, and every guardian by
will, or natural guardian, before he proceeds to act as such, shall enter
into bond to the State of Maryland in such penalty and with such sureties
as the Court shall approve, but whenever the surety upon such bond is a
corporation so authorized to qualify as such, the amount of the penalty
of such bond shall be fixed by the court in an amount not exceeding the
probable value of the estate for which said guardian should account for
and be liable according to law, and to be recorded and be subject to be
put in suit, and to be in all respects on a footing with an administration
bond, with the following conditions: "The condition of the above obliga-
tion is such, that if the above bounden................. as guardian.

to................ of ................. county, shall faithfully ac-
count with the Orphans' Court of................ county, as directed

by law, for the management of the property and estate of the infant under
his care, and shall also deliver up the said property agreeably to the order
of the said court or the directions of law, and shall in all respects perform
the duty of guardian to the said................... according to law,

then the above obligation shall cease; it shall otherwise remain in full
force and virtue in law"; and the said bond shall be liable for the pro-
ceeds of sales of the real estate of his ward which shall come into his pos-
session, as well as for other property.

The condition of a guardian's bond, as provided by this section, does not require him
to pay all of ward's bills out of income, but he is required to settle an account with
the orphans' court, and that court must ascertain, at its discretion, the amount to
be annually expended in maintenance and education of ward. Where guardian has
settled his account under direction of court and has paid out amount in excess of
income received, and action of court remains unchallengedj the guardian's bond is not
liable. The account, however, may be reopened and restated. The orphans' court may
abrogate and modify its orders. Bond is liable for a failure of guardian to pay for
maintenance and education of ward out of property under his control. State v. Fidelity
& Deposit Co. of Md., 132 Md. 469 (decided in 1918).

This section referred to in construing secs. 251 and 193, et seq.—see notes to sec. 251.
Fidelity & Deposit Co. of Maryland v. Husted, 128 Md. 277.

This section places guardians' bonds on the same footing with executors' and adminis-
trators' bonds. State v. Miller, 3 Gill, 335.

No person is qualified to act as guardian until he is bonded. How such qualification
may be proved. Clarke v. State, 8 G. & J. 124.

This section referred to in determining what a plea of statute of limitations on a
suit on a guardian's bond should aver. Byrd v. State, 44 Md. 501. As to the statute
of limitations, see also State v. Green, 4 G. & J. 384.

See notes to secs. 152 and 163.

An. Code, 1924, sec. 161. 1912, sec. 156. 1904, sec. 155. 1888, sec. 156. 1854, ch. 5.

165. The orphans' court may, when they deem it expedient, approve
and accept of one guardian bond, where the same person is appointed