TESTAMENTARY LAW 3441

Where infant is a resident when his guardian is appointed but afterwards becomes
a non-resident and has a guardian in another state, this section authorizes a transfer
of infant's property. Baldwin v. State, 89 Md. 600; Baldwin v. Washington County,
85 Md. 158.

The right to appoint a guardian is not affected by fact that a court of some other
state has made a similar appointment. There may be a domestic guardian having
charge of infant's property and a foreign guardian having charge of his person. A
guardian appointed in another state has no authority to sue here. Kraft v. Wickey,
4 G. & J. 342.

An. Code, 1924, sec. 204. 1912, sec. 198. 1904, sec. 197. 1888, sec. 197. 1844, ch. 201, sec. 1.
1846, ch. 300, sec. 1. 1847, ch. 138, sec. 1. 1852, ch. 297, sec. 1.

204. The foreign guardian claiming under the preceding section shall
state by petition that he is duly appointed guardian to such infant by the
proper authority of the State, district or territory where the infant resides;
that he hath given good and sufficient security for the faithful performance
of his trust as guardian, and that as guardian he there has the custody of
the person of such infant; and he shall set forth in such petition the entire
amount of personal property, including that in this State, belonging to
such infant, and also the income of the real estate, if any, of such infant,
which hath come or is likely to come into the hands of such guardian;
which petition shall be accompanied by a copy, duly authenticated, of the
record of his appointment and qualification as such guardian, and of the
bond or other instrument or security so given as aforesaid.

A petition held to comply with all requirements of this and following section, and
proof held to sustain allegations. It need not be alleged that infant had no guardian
in this state. Bernard v. Equitable, etc., Trust Co., 80 Md. 122.

See notes to sec. 203.

An. Code, 1924, sec. 205. 1912, sec. 199. 1904, sec. 198. 1888, sec. 198. 1844, ch. 201, sec. 1.
1846, ch. 300, sec. 1. 1847, ch. 138, sec. 1. 1852, ch. 297, sec. 1.

205. The petition shall be verified by the affidavit of such guardian,
and the sufficiency of the security shall be proved by the affidavit of the
chief clerk or prothonotary of the court by whom such security was taken,
or by the affidavit of some other disinterested and credible witness; and
upon the court being satisfied of the truth of the facts set forth in such
petition, and of the sufficiency of such security, an order may pass for the
purposes mentioned in the three preceding sections.

See notes to secs. 203 and 204.

An. Code, 1924, sec. 206. 1912, sec. 200. 1904, sec. 199. 1888, sec. 199. 1844, ch. 201, sec. 1.
1846, ch. 300, sec. 1. 1847, ch. 138, sec. 1. 1852, ch. 297, sec. 1.

206. When proceeds of sales made under a decree of a court of equity
are claimed, the petition shall be presented to such court; if money or
property in the hands of a trustee appointed by will is claimed, the petition
shall be presented to the orphans' court of the county in which the trustee
resides; if the money or property claimed is in the hands of an executor,
administrator or guardian, the petition shall be presented to the orphans'
court of the county in which administration was granted, or in which the
guardian gave bond.

An. Code, 1924, sec. 207. 1912, sec. 201. 1904, sec. 200. 1888, sec. 200. 1844, ch. 201, sec. 1.
1846, ch. 300, sec. 1. 1847, ch. 138, sec. 1. 1852, ch. 297, sec. 1.

207. The four preceding sections shall only apply to such non-resident
infants as shall, if males, be under the age of twenty-one years, or if
females, under the age of eighteen years; and no order shall be passed on
the petition of a foreign guardian where any person is entitled to a rever-