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The Annotated Code of the Public General Laws of Maryland, 1939
Volume 379, Page 3430   View pdf image (33K)
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3430 ARTICLE 93

guardian to any number of infants who may be entitled to portions of the
same estate, instead of separate bonds for each ward; provided, that noth-
ing herein contained shall be construed so as to interfere with any remedies
against such bond, but the same shall be liable to suit by all or either of
the wards therein named, or their representatives, as fully as separate
guardian bonds.

One action may be brought in name of state for use of several wards, on one bond
given by their guardian under this section. Walsh v. State, 53 Md. 543.

An. Code, 1924, sec. 162. 1912, sec. 157. 1904, sec. 156. 1888, sec. 157. 1798, ch. 101,

sub-ch. 12, sec. 5.

166. The orphans' court shall have power to call on any guardian for
new security and, on failure, may appoint a new guardian.
See art. 90, sec. 3.

An. Code, 1924, sec. 163. 1912, sec. 158. 1904, sec. 157. 1888, sec. 158. 1798, ch. 101,

sub-ch. 12, sec. 5.

167. On a guardian's executing such bond as aforesaid, the court shall
have power to order the land, distributive share, or other property belonging
to his ward, to be delivered to the guardian immediately, or at such time
as shall appear reasonable; in case of a legacy or bequest, the court shall
direct the delivery as soon as it shall appear that the same may be delivered
without prejudice to the person administering; and in the case of a dis-
tributive share, the court shall direct the delivery as soon as the same shall
be ascertained; and on failure of any former guardian appointed by the
court, or of an administrator, to comply with such order, his bond may be
put in suit, and he may also be attached for contempt, and fined not exceed-
ing three hundred dollars.

Upon failure of a guardian to deliver property as ordered by the court, his bond at
once becomes liable to suit. Byrd v. State, 44 Md. 503.

If administrator invests money belonging to ward with approval of guardian, and
subsequently orphans' court passes guardian's account showing such investment, ad-
ministrator is relieved from liability for ensuing loss. O'Hara v. Shepherd, 3 Md. Ch.
313.

This section referred to in construing sec. 174. Thaw v. Falls, 136 U. S. 519.

An. Code, 1924, sec. 164. 1912, sec. 159. 1904, sec. 158. 1888, sec. 159. 1798, ch. 101,

sub-ch. 12, sec. 6.

168. Every guardian appointed by the court, having care of real estate,
shall, within three months after executing his bond, procure the said estate
to be viewed and reported on by two skilful, discreet persons, not related
to either party, and appointed by the orphans' court, which two persons,
before they proceed to act, shall swear before some judge or justice of the
peace that they will appraise the same without favor or prejudice, and to
the best of their skill and judgment; and it shall be the duty of the
appraisers to examine the estate and estimate the annual value thereof,
including any working beasts and stock and utensils thereon, belonging
to the ward, and proper to be leased with the land; they shall likewise set
down in writing what dwelling-houses, out-houses, orchards, gardens,
meadows, enclosures and other improvements are on the land, and the
condition thereof, and what proportion of the said land is, in their estima-
tion, in woods; and they shall make a certificate, under their hands and
seals, of the whole they have done, to which shall be annexed a certificate
of their appointment and of their having taken the oath as aforesaid, and
the same shall be returned by the guardian to the orphans' court within


 

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The Annotated Code of the Public General Laws of Maryland, 1939
Volume 379, Page 3430   View pdf image (33K)
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