TESTAMENTARY LAW 3433

An. Code, 1924, sec. 175. 1912, sec. 167. 1904, sec. 166. 1888, sec. 167. 1816, ch. 203, sec. 2.

1868, ch. 380.

176. The orphans' court, if they shall think such sale advantageous to
the ward, may order any guardian to sell leasehold estates of his ward,
and shall order the proceeds to be invested in bank stock or any other good
security, in the name of the ward; and no sale, transfer or disposal of the
said stock shall be made without the order of the court. The said coiirt
may also, if they shall think the same advantageous to the ward, order
any guardian to lease any leasehold estates of the ward, for the whole or
any part of the unexpired term, on such terms as may be deemed advan-
tageous ; provided, that such agreement for a lease shall not have any effect
until reported to and approved by the court, and the rents arising on such
lease shall be accounted for as other property or income of the ward.

If a loss results from an investment unauthorized by the court, guardian is responsible.
A verbal order of court is not sufficient. Intent of this section. Carlysle v. Carlysle,
10 Md. 446.

This section referred to in deciding that a guardian had no power to execute a certain
mortgage and as showing with what strictness a guardian must act. Ordinarily the
power to sell does not include the power to mortgage. Tyson v. Latrobe, 42 Md. 333.

Security taken on investment will not be avoided if not taken in the name of the
ward. O'Hara v. Shepherd, 3 Md. Ch. 314.

Cited in dissenting opinion in Fay v. Fay, 172 Md. 582.

As to the payment of the proceeds of the sale in equity of the real or leasehold prop-
erty of an infant to his guardian, see art. 16, sec. 68.

See notes to sec. 180.

1924, ch. 456. 1939, ch. 512.

177. The Orphans' Court may order any guardian to sell any fee
simple real estate or annual ground rents of his ward, or any interest of
his ward therein, provided that the total amount of all the real estate or
rents, or interest therein, owned by the infant, shall not be appraised at
more than $5,000; and further provided, that the Court shall be satisfied
that such sale would be for the benefit of the minor or advantageous to
his estate. The proceedings shall be by petition for authority to have
such property appraised, including the parcel to be sold, a petition for an
order to sell and a report of sale and such sale shall not be valid or effectual
unless ratified and confirmed by the Orphans' Court after notice by publi-
cation given in the same manner as practiced in cases of sales of lands
under decrees in equity. For the purpose of this section, the Orphans'
Court shall have the additional jurisdiction to appoint guardians for
females between eighteen and twenty-one years of age. This section shall
not be construed as changing the rights of female wards to receive their
estates upon attaining the age of eighteen years.

An. Code, 1924, sec. 174. 1912, sec. 168. 1904, sec. 167. 1888, sec. 168. 1816, ch. 203, sec. 2.

178. The orphans' court may order any money belonging to a ward
to be invested in like manner and subject to the same restrictions as pre-
scribed in section 176.

This section referred to in deciding that a guardian had no power to execute a certain
mortgage and as showing with what strictness a guardian must act. Tyson v. Latrobe,
42 Md. 333.

Cited in dissenting opinion in Fay v. Fay, 172 Md. 582.

An. Code, 1924, sec. 177. 1912, sec. 171. 1904, sec. 170. 1900, ch. 570, sec. 170A.

179. Whenever ground rents reserved in leases created heretofore, or
hereafter become redeemable, and the title to the fee and reversion in the