TESTAMENTARY LAW 3435

and whenever the orphans' court shall in its discretion authorize a guardian
to invest or mortgage the proceeds of the sale of real estate belonging to
his ward and sold by a trustee in equity, the affidavit of consideration to
such mortgage shall be made by the guardian of such ward.

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.

See notes to sec. 180.

An. Code, 1924, sec. 180. 1912, sec. 174. 1904, sec. 173. 1888, sec. 173.
1843, ch. 304, secs. 1, 2.

182. No guardian shall sell any property of his ward without an order
of the orphans' court approving the bond of such guardian being first had
and obtained; and any sale or removal without an order of court previously
had shall be void, and no title shall pass thereby to the purchaser, and his
guardianship may be revoked, and the same proceedings relative thereto
shall be had as are prescribed herein in regard to sales made by adminis-
trators without such order.

Where without an order of court a guardian transfers stock standing in name of his
ward on books of a corporation, the certificates being cancelled and new ones issued
to transferee, transaction is void under this section. Conversion. Trover. Acting
innocently. Baltimore v. Norman, 4 Md. 358. And see State v. Murray, 24 Md. 320.

Although order of court to sell bonds was not procured, if guardian acted in good
faith supposing that he had obtained requisite authority, and if his bond fully in-
demnifies estate against loss, guardian will not be removed. Macgill v. McEvoy, 85
Md. 298.

This section referred to in deciding that situs of personal property remains in county
where guardian is appointed, although both guardian and ward become non-residents.
Baldwin v. State, use Hull, 89 Md. 601; Baldwin v. Washington County, 85 Md. 159.

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

See sec. 295 and notes.

An. Code, 1924, sec. 181. 1912, sec. 175. 1904, sec. 174. 1888, sec. 174. 1843, ch. 304, sec. 3.

183. When there are two or more guardians, and the sale or removal
has been made without the consent of all, the revocation shall only extend
to the person or persons so offending, and the remaining guardian or
guardians shall have full power to discharge all the duties connected with
his or their office.
See sec. 297.

An. Code, 1924, sec. 182. 1912, sec. 176. 1904, sec. 175. 1888, sec. 175. 1843, ch. 304, sec. 4.

184. Nothing herein shall apply where a guardian has been appointed
by will, with power to sell property without making a return of such sale
to the orphans' court.

See sec. 298.

An. Code, 1924, sec. 183. 1912, sec. 177. 1904, sec. 176. 1888, sec. 176. 1798, ch. 101,

sub-ch. 12, sec. 11.

185. In the first account to be rendered by a guardian, he shall state
the property received by him from an executor, administrator, or other-
wise, belonging to his ward, and every increase, and the profits thence
arising, if any.

Guardians' accounts are only prima facie correct. State v. Baker, 8 Md. 44; Richards
v. Swan, 7 Gill, 366; Magruder v. Darnall, 6 Gill, 269; O'Hara v. Shepherd, 3 Md. Ch
306; Spedden v. State, 3 H. & J. 251.

See notes to secs. 167 and 199.