3432 ARTICLE 93

for any loss or decrease unless caused by his default, to be allowed by the
court.

This section referred to in connection with right of creditors to apply real estate of
a decedent in hands of infant heirs to payment of his debts, personalty having been ex-
hausted. Hammond v. Hammond, 2 Bl. 344.

See notes to sec. 167.

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.

174. 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.

The condition of a guardian's bond does not require him to pay all of ward's bills out
of income, but he is required to settle an account with orphans' court, and that court
must ascertain, at its discretion, 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 an amount in excess of income received, and action of court remains
unchallenged, 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 the guardian to pay for maintenance and education of ward out of prop-
erty under his control. State v. Fidelity & Deposit Co. of Md., 132 Md. 469 (decided in
1918).

The discretion reposed in the court under this section is not an arbitrary or capricious
one, but to be exercised in accordance with established legal principles. Distinction be-
tween irreviewable discretion and discretion vested in court under this section. Order
appealable. Information which court should have before exercising its discretion under
this section. The court should not merely permit guardian to exercise her discretion.
In re Wilmer, 137 Md. 31.

Orphans' court has no authority to allow a guardian for education and maintenance
of his ward previous to his appointment. (But see sec. 187.) Allowances for mainte-
nance and education are not final and conclusive, but may be shown to be improper.
Spedden v. State, 3 H. & J. 257.

The principal of the ward's estate will not be expended for improvements to his
property; such expenditures are limited to maintenance and education. Brodess v.
Thompson, 2 H. & G. 126.

This section referred to in reviewing the various acts of assembly authorizing sale
of infant's real estate for maintenance and education, and in upholding validity of such
laws. Williams' Case, 3 Bl. 200; Thaw v. Falls, 136 U. S. 519.

Cited but not construed in Kopp v. Herrman, 82 Md. 349.

See art. 16, secs. 73 and 106.

An. Code, 1924, sec. 171. 1912, sec. 166. 1904, sec. 165. 1888, sec. 166. 1798, ch. 101,

sub-ch. 12, sec. 12.

175. In case the personal property of a ward shall consist of specific
articles, such as working beasts, animals of any kind, furniture, stock,
plate, books and so forth, the court may order a sale thereof, for ready
money or on credit, the purchaser giving bond with security to the said
ward, bearing interest; and all proceedings relative to said sale shall be
as directed respecting sales by administrators.
This section referred to in construing sec. 174. Thaw v. Falls, 136 U. S. 519.