3438 ARTICLE 93

evidences of debt or funds, and also all title to property or stock which
belong to or are due to the ward, in the possession of the guardian, and
also pay over to the remaining guardian (if there be one, if not, then to
the new guardian) all the money due to said ward, the said court may com-
pel the delivery and payment over as aforesaid by attachment and seques-
tration of the property of the party whose guardianship may be revoked,
and may direct his bond to be put in suit.

Upon failure of a guardian to turn over property as ordered by court, his bond at
once becomes liable to suit. Byrd v. State, 44 Md. 503. Cf. State v. Henderson, 54
Md. 343.

Where a guardian admits that he is insolvent and unable to pay, he waives require-
ment that a reasonable time be given him to turn over ward's money to new guardian.
Gunther v. State, 31 Md. 33.

The orphans' court has no jurisdiction to authorize guardian to invest the ward's
funds in a loan to guardian himself upon his promissory note bearing interest. Fidelity
Co. v. Freud, 115 Md. 32.

This section contrasted with sec. 199—see notes thereto. State v. Henderson, 54 Md.
343.

Cited but not construed in Corrie's Case, 2 Bl. 500.

See notes to sec. 251.

An. Code, 1924, sec. 197. 1912, sec. 191. 1904, sec. 190. 1888, sec. 190. 1833, ch. 15, sec. 1.

197. Where any infant shall be entitled to any legacy or distributive
share of an estate, or any personal property in the hands of an adminis-
trator, and a guardian for such infant has been or may be appointed by any
orphans' court of this State, whose appointment, however, has been irregu-
larly made, and is or shall be liable to be revoked or declared void for any
cause whatever, but shall not have been revoked or declared void, any pay-
ment or delivery to such guardian of such legacy, distributive share, or
personal property by such administrator, shall have the same force, validity
and effect as respects such administrator as if said guardian's appointment
were regularly made, and not for any cause liable to be revoked or de-
clared void.

For a case applying the principles of this section, see Gunther v. State, 31 Md. 21.

An. Code, 1924, sec. 198. 1912, sec. 192. 1904, sec. 191. 1888, sec. 191. 1833, ch. 15, sec. 2.

198. Every such guardian so receiving money or other property be-
longing to his ward shall be liable to account for the same, to be recovered
by suit on his guardian's bond or otherwise, as provided by law in case of
guardians duly and regularly appointed.

See note to sec. 197.

An. Code, 1924, sec. 199. 1912, sec. 193. 1904, sec. 192. 1888, sec. 192. 1798, ch. 101,
sub-ch. 12, sec. 15. 1829, ch. 216, secs. 5, 6.

199. On a ward's arrival at age, or on the marriage of a female ward,
the guardian shall exhibit a final account to the orphans' court, and shall
deliver up, agreeably to the court's order, to the said ward, all the property
of such ward in his hands, including bonds and other securities; and on
failure, his bond may be put in suit, and he shall be liable to attachment
and fine not exceeding three hundred dollars; and a female shall be of
age at eighteen years, for the purposes of this section.

Final account.

A ward may.settle with his guardian out of court and thus be precluded from suing
the bond. It is guardian's duty, however, to state a final account in orphans' court and
property is taxable to him until he does so. Baldwin v. Washington County, 85 Md. 161.
The control of orphans' court and responsibility of guardian and his bond continue
until final account is stated under this section. Griffith v. Parks, 32 Md. 7.