TESTAMENTARY LAW 3439

When a female becomes of age.

The expression "lawful age" as used in a will construed in light of this section. For
many purposes a female does not arrive at her majority until she is twenty-one. McKim
v. Handy, 4 Md. Ch. 236. And see Waring v. Waring, 2 Bl. 674.

A father provided in a deed and also in his will that entire net income of a share of
his property was to be paid to a daughter upon her arrival at "legal age"; this means
upon her arrival at age of eighteen. McKim v. Handy, 4 Md. Ch. 228, reviewed. Perkins
v. Safe Dep. Co., 138 Md. 299.

The act of 1798, ch. 101, only removes disabilities of infancy in cases therein ex-
pressly provided. Though entitled to possession of her property, a female under twenty-
one cannot dispose of it save as provided in sec. 335. Davis v. Jacquin, 5 H. & J. 109;
Fridge v. State, 3 G. & J. 115; Waring v. Waring, 2 Bl. 674; Newton v. Griffith, 1 H. &
G. 137 (dissenting opinion); Bowers v. State, 7 H. & J. 36; Greenwood v. Greenwood,
38 Md. 385.

This section does not affect rule that a father has legal control over his daughter
and right to her services until she is twenty-one. Greenwood v. Greenwood, 28 Md.
385. And see Keller v. Donnelly, 5 Md. 217.

Generally.

As to releases and other transactions between guardians and wards shortly after the
latter's becoming of age, see Spalding v. Brent, 3 Md. Ch. 411.

The statute of limitations begins to run against a ward from the moment he or
she becomes free under this section. This section distinguished from secs. 194 and
196. State v. Henderson, 54 Md. 343.

This section referred to in construing sec. 174. Thaw v. Falls, 136 U. S. 519.

Cited but not construed in Contee v. Dawson, 2 Bl. 273; Corrie's Case, 2 Bl. 500;
McClellan v. Kennedy, 3 Md. Ch. 253.

See notes to secs. 185, 186 and 196.

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

Re. releases to guardian and who may execute them, see art. 79, sec. 1.

An. Code, 1924, sec. 200. 1912, sec. 194. 1904, sec. 193. 1888, sec. 193. 1729, ch. 24, sec. 7.

200. It shall not be lawful for any person whatsoever, not being
guardian, or not having license from a guardian, to enter into, possess or
occupy any lands or tenements belonging to any orphan or orphans, without
first applying to the orphans' court where the land lies, and obtaining leave
from them for such rents as they shall think just and reasonable, to be
paid to such orphan or orphans, on pain of being trespassers, and paying
treble damages and full costs to such orphan or orphans, to be recovered
by the guardian during the orphans' minority, or by the orphan when at
full age.

See notes to sec. 170.

An. Code, 1924, sec. 201. 1912, sec. 195. 1904, sec. 194. 1888, sec. 194. 1729, ch. 24, sec. 9.

201. Whenever the orphans' court shall be in any manner informed of
any waste being done by any guardian upon any orphans' estate, the said
court shall issue their warrant to cause such guardian to appear before
them; and if upon the said guardian's appearance before them, and being
heard in his defense, or on his refusal to appear, being summoned, such
information shall appear to be true, the said court shall order the sheriff,
with all possible speed, to summon a jury upon the place where the waste
shall be committed to inquire upon their oath into the same, and of what
damage such waste shall be to such orphan, which being returned to the
said court, they are hereby required to oblige the guardian to give security
for double the damages that shall be assessed by such jury, and in case of
refusal, to commit such guardian to prison, there to remain until he shall
comply with their order therein.