clear space clear space clear space white space
A
 r c h i v e s   o f   M a r y l a n d   O n l i n e

PLEASE NOTE: The searchable text below was computer generated and may contain typographical errors. Numerical typos are particularly troubling. Click “View pdf” to see the original document.

  Maryland State Archives | Index | Help | Search
search for:
clear space
white space
The Annotated Code of the Public General Laws of Maryland, 1939
Volume 379, Page 570   View pdf image (33K)
 Jump to  
  << PREVIOUS  NEXT >>
clear space clear space clear space white space

570 ARTICLE 16

court, in a case to which such infant is a party, or by virtue of a power
contained in a mortgage upon such real estate or leasehold property, the
court decreeing or ratifying such sale may, upon the application of the
person making such sale, or upon the petition of the guardian of such
infant, order and direct the money arising from, such sale to which such
infant shall be entitled to be :paid to the guardian of such infant, upon the
filing in said court of a certificate from the register of wills of the county
or city in which letters of guardianship have been granted, that the guard-
ian of such infant has filed in the orphans' court of the county or city, grant-
ing letters of guardianship, a bond, which bond shall be in the judgment of
the court making such decree, order or direction, in an amount and with
security sufficient to protect such infant in the premises.

This and the three following sections held to apply where a decree was passed prior to
the adoption of the Code of 1860, but the sale took place thereafter. These sections
as they stood prior to the Code of 1860, discussed. Gill v. Wells, 59 Md. 499. And see
Roche v. Waters, 72 Md. 270.

This section referred to in determining that a guardian who invests money belonging
to his ward without first getting an order of the orphans' court, is responsible for en-
siling loss. Carlysle v. Carlysle, 10 Md. 445.

For cases involving this section as it stood prior to the act of 1890, ch. 18, see
Bernard v. Equitable Trust Co., 80 Md. 124; Benson v. Benson, 70 Md. 257; Gill v.
Wells, 59 Md. 500; Clay v. Brittingham, 34 Md. 676.

This section referred to in construing sec. 64—see notes thereto. Mumma v. Brinton,
77 Md. 200.

See notes to sec. 63.

See art. 93, sec. 180.

An. Code, 1924, see. 69. 1912, sec. 67. 1904, sec. 63. 1888, sec. 58. 1816, ch. 154, sec. 8.

73. No part of the principal arising from such sale of any real estate
shall be applied to the maintenance of any infant, unless the court shall
consider it necessary and order the same to be done.

This section referred to in dealing with the proceeds of a sale of infants' lands. Tilly v.
Tilly, 2 Bl. 444.

See sec. 104 and notes to secs. 63 and 72.

See art. 93, sec. 174.

An. Code, 1924, sec. 70. 1912, sec. 68. 1904, sec. 64. 1888, sec. 59. 1816, ch. 154, sec. 13.

1831, ch. 311, sec. 9.

74. Where an infant is seized of a reversion dependent upon a life
estate, the court may, with the assent of the tenant for life, decree a sale
thereof, and order the annual interest, or such part thereof as may be
deemed equitable to be paid to the tenant for life during his life.

This section referred to as showing that it was not deemed just in every instance to
award the tenant for life all of the interest from the whole of the purchase money.
Williams' Case, 3 Bl. 266.

See notes to sec. 72.

An. Code, 1924, sec. 71. 1912, sec. 69. 1904, sec. 65. 1888, sec. 60. 1816, ch. 154, sec. 9.

75. Upon the death of such infant under age, intestate and without
issue, the proceeds of such sale shall descend or be distributed as the prop-
erty or estate would if it had not been sold.

This section referred to in illustrating the policy of the law with reference to the
right of heirs. Betts v. Wirt, 3 Md. Ch. 117...

For the application of this section, see Dalrymple v. Taneyhill, 4 Md. Ch. 173. And
see Williams' Case, 3 Bl. 204; Jones v. Jones, 1 Bl. 458.

See notes to secs. 63 and 72.

See art. 93, sec. 171.

An. Code, 1924, sec. 72. 1912, sec. 70. 1904, sec. 66. 1888, sec. 61. 1828, ch. 184. '

76. If any person shall secrete an infant against whom process has
issued, so as to prevent the service of such process, such person shall be


 

clear space
clear space
white space

Please view image to verify text. To report an error, please contact us.
The Annotated Code of the Public General Laws of Maryland, 1939
Volume 379, Page 570   View pdf image (33K)
 Jump to  
  << PREVIOUS  NEXT >>


This web site is presented for reference purposes under the doctrine of fair use. When this material is used, in whole or in part, proper citation and credit must be attributed to the Maryland State Archives. PLEASE NOTE: The site may contain material from other sources which may be under copyright. Rights assessment, and full originating source citation, is the responsibility of the user.


Tell Us What You Think About the Maryland State Archives Website!



An Archives of Maryland electronic publication.
For information contact mdlegal@mdarchives.state.md.us.

©Copyright  October 06, 2023
Maryland State Archives