3458 ARTICLE 93

for loss and commission as aforesaid, to be delivered to the party or to
his heirs, devisees, or legal representatives, upon their respective applica-
tions, and satisfying the court of the parties' right in case the purposes
for which the attachment was issued cannot be answered.

An. Code, 1924, sec. 251. 1912, sec. 242. 1904, sec. 241. 1888, sec. 237. 1831, ch. 315, sec. 5.

1937, ch. 442.

251. The Orphans' Court may, in their discretion, and whenever it
shall seem proper to them, either ex-officio or upon application, order any
administrator to whom they may have granted administration, or any
guardian whom they may have appointed or whose bond they may have
approved, to bring into Court, or place in bank, or invest in bank or other
incorporated stock, or any other good security, any money or funds re-
ceived by such administrator or guardian; and the Court shall direct the
manner and form in which such money or funds shall be placed in bank or
invested, and the same shall at all times be subject to the order and con-
trol of the Court; and if the administrator or guardian shall not, within a
reasonable time to be fixed by the Court, comply with the order, his admin-
istration or guardianship may be revoked; provided, however, that no
administrator or guardian shall be liable for loss because of any deposit
of any money or funds in bank, provided said administrator or guardian
shall exercise due care in the selection of the depository, and in the deposit
of said money or funds received by such administrator or guardian.

Investments.

Where a Baltimore testator directs trustees to invest in "good safe securities," trus-
tees are not limited to securities included in trust list of supreme bench. Shrinkage
in railroad and street railways company stock. Trustees not liable where they act
with good faith and disinterestedness. Broker's advice condemned. Distinction be-
tween responsibilities for losses of conventional and testamentary trustees. Fox v.
Harris, 141 Md. 502.

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. Defini-
tion of term "investment." Fidelity & Deposit Co. v. Freud, 115 Md. 32.

It is the privilege as well as duty of an executor, or of any party in interest, to apply
to orphans' court for authority to invest a fund and make such disposition of it as
will requires. Oesterla v. Gaither, 90 Md. 44.

Where subsequent to an investment orphans' court gives its sanction to it, the trans-
action is as effectual as though originally authorized, and guardian is relieved from
liability. Implied authorization of an investment. O'Hara v. Shepherd, 3 Md. Ch. 306.

The orphans' court may order an investment in stock yielding six per cent, on its face,
although same may be selling above par so as not to yield six per cent, on amount in-
vested. Ex parte Stone, 2 Md. 294.

A verbal order of court authorizing an investment is not sufficient. Carlysle v. Carlysle,
10 Md. 446.

Where court declines to direct executor to invest, executor is not liable for interest
unless he used money or made interest out of it. Ex parte, Walsh, 26 Md. 498.

This section referred to in deciding that executrix was not liable in equity for the
loss of money through investment in gas stock. McCoy v. Horwitz, 62 Md. 190. See
also Gray v. Lynch, 8 Gill, 421.

As to investments under order of court, see also sec. 12.

Generally.

This section applicable only where Court has ordered guardian to bring into Court
money or funds, the purpose of the statute being to give the Court power to select
depositary when doubt arose as to security of funds. Fay v. Fay, 172 Md. 570.

Cited but not construed in Johnson v. Webster, 168 Md. 580.

The discretion vested in orphans' court is a sound legal one, and not to be arbitrarily
exercised. Notice of order to bring money into court should always be given. Porter v.
Timanus, 12 Md. 292. And see Ex parte Shipley, 4 Md. 496; Wampler v. Wolfinger, 13
Md. 347.

No appeal lies from action of court in removing administrator under this section.
This section distinguished from secs. 246 and 255. (See also art. 5, sec. 64.) Macgill v.