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The Annotated Code of the Public General Laws of Maryland, 1939
Volume 379, Page 3434   View pdf image (33K)
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3434 ARTICLE 93

land out of which said rents issue is held by and vested in infants, the
orphans' court may, upon petition of guardians of such infants, order
the transfer and conveyance of the fee and reversion in such land to the
owner of the leasehold interest therein, upon payment of the amount of
money at and for which the said ground rents may be redeemable; and
deeds made, executed and delivered to guardians for and on behalf of such
infants, in pursuance of an order of the orphans' court as aforesaid, shall
vest in. the owner of the leasehold estate, his heirs and assigns, all right,
title, interest and estate of the said infant owners of the fee and reversion,
either at law or in equity, in and to the same; and the money arising from
such redemption of ground rents shall be accounted for by said guardians
in the orphans' court ordering such transfer and conveyance. Every peti-
tion by guardians as aforesaid shall set forth the location and a description
of the land, the liber and folio of the land records wherein the same is
recorded, the date of the lease whereby the said rent was created, the
amount of the annual ground rent, the amount at and for which the ground
rent is redeemable, and the petition shall also state that notice as required
by law, or as required by the lease, as the case may be, has been given by the
owner of the leasehold estate, and such other facts as may be necessary to
properly present the matter to the court, and all such petitions shall be
sworn to by the guardian.

As to when ground-rents are redeemable, see art. 21, secs. 110 and 111.

As to redemption of ground-rents vested in a trustee without a power of sale, see
art. 16, sec. 275.

An. Code, 1924, sec. 178. 1912, sec. 172. 1904, sec. 171. 1888, sec. 171. 1816, ch. 154.
1872, ch. 403. 1882, ch. 384. 1886, ch. 231. 1890, ch. 211. 1892, ch. 100.

180. They shall order the guardian who has received from any trustee
of a court of equity any proceeds of real estate of his ward sold by such
trustee, or the proceeds of the sale of leasehold estate of his ward, sold
by order of the orphans' court, or moneys belonging to his ward, to invest
the same in mortgages on unincumbered real estate, worth at least double
the amount loaned, or such public stock, permanent funds, or other good
securities to be selected by said guardian, as will yield the highest rate
of interest that can reasonably be had, or they may when it is clearly for
the benefit of the ward order the same to be invested in land; and the
investment selected shall be reported to the court for its approval before
becoming permanent and the increase or surplus income of such investment,
after what may be necessary for the maintenance and education of the ward,
shall be invested in like manner under the direction and approval of the
court, and no part of the principal shall be applied to the maintenance and
education of the ward without the order and consent of the orphans' court
first had and obtained.

The orphans' court has no jurisdiction to authorize a guardian to invest ward's funds
in a loan to guardian himself upon his promissory note bearing interest. Definition of
term "investment." Fidelity & Deposit Co. v. Freud, 115 Md. 31.

Equity will order the proceeds of a sale of an infant's property turned over to his
guardian—art. 16, sec. 72.

Cited in dissenting opinion in Fay v. Fay, 172 Md. 581.

An Code 1924, sec. 179. 1912, sec. 173. 1904, sec. 172. 1888, sec. 172. 1816, ch. 154, sec. 7.

1872, ch. 403.

181. All moneys invested under the preceding section shall be invested
in the name of the ward, and shall be transferable only under the order
of the orphans' court; and all transfers without such order shall be void;


 

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The Annotated Code of the Public General Laws of Maryland, 1939
Volume 379, Page 3434   View pdf image (33K)
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