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The Annotated Code of the Public General Laws of Maryland, 1939
Volume 379, Page 581   View pdf image (33K)
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CHANCERY 581

tor and the interests of the cestui que trusts thereunder. Albert v. Savings Bank of Balti-
more, 2 Md. 167.

A trustee may be appointed to execute an assignment of patent if patentee fails to
execute such assignment, as directed by decree. Ager v. Murray, 105 U. S. 126.

This section applied in the case of a lunatic. Owing's Case, 1 Bl. 407.

Cited but not construed in Watkins v. Worthington, 2 Bl. 524.

See notes to sec. 89.

An. Code, 1924, sec. 99. 1912, sec. 96. 1904, sec. 92. 1888, sec. 81. 1831, ch. 315, sec. 17.

104. Nothing in the testamentary law of this State shall be construed
in any manner to affect the general superintending power of the courts
having chancery jurisdiction with respect to trusts.

Equity has jurisdiction to superintend the administration of assets, decree distribu-
tion amongst legatees and distributees, and to compel executors and administrators to
discharge their trust. Design of this section. Myers v. Forbes, 74 Md. 360; Keplinger v.
Maccubbin, 58 Md. 213; Davis v. Clabaugh, 30 Md. 511. And see Barnes v. Grain,
8 Gill, 391.

This section referred to in affirming the general jurisdiction of equity over guardians.
Corries' Case, 2 Bl. 500. And see Barnes v. Grain, 8 Gill, 391; Waring v. Waring, 2 Bl.
674; Swan v. Dent, 2 Md. Ch. 117.

This section referred to in construing sec. 102—see notes thereto. Wright v. Williams,
93 Md. 69.

This section referred to in construing art. 93, sec. 174—see notes thereto. Thaw v.
Falls, 136 U. S. 519.

This section construed in connection with art. 93, see. 272—see notes thereto. Blumen-
thal v. Moitz, 76 Md. 566.

This section referred to in construing art. 93, sec. 301—see notes thereto. Eichelberger
v. Hawthorne, 33 Md. 595.

See notes to sec. 105.

An. Code, 1924, see. 100. 1912, sec. 97. 1904, sec. 93. 1888, sec. 82.
1798, ch. 101, sub-ch. 14, sec. 6.

105. A suit in chancery may be maintained for a legacy, in cases
where a bond has been given to pay debts and legacies.

This section applied. Matthews v. Targarona, 104 Md. 454; Cherbonnier v. Goodwin,
79 Md. 59. And see Hammond v. Hammond, 2 Bl. 316.

An. Code, 1924, sec. 101. 1912, sec. 98. 1904, sec. 94. 1888, sec. 83.
1798, ch. 101, sub-ch. 12, sec. 10.

106. No guardian shall diminish the real estate of his ward for the
maintenance or education of such ward, without the approbation of the
court having equity jurisdiction, and the orphans' court.

This section referred to in construing art. 93, sec. 174—see notes thereto. Brodess v.
Thompson, 2 H. & G. 126; Williams' Case, 3 Bl. 300. And see Hatton v. Weems, 12
G. & J. 108.

See sec. 73.

See art. 93, sec. 174.

An. Code, 1924, sec. 102. 1912, sec. 99. 1904, sec. 95. 1888, sec. 84. 1773, ch. 7, sec. 1.
1778, ch. 22, see. 2. 1785, ch. 72, see. 1.

107. If any infant, or person non compos mentis, be entitled to any real
or personal property in this state, or any interest or estate therein, and the
same shall be liable to any mortgage, trust, lien, or in any way charged with
the payment of money, the court shall have the same power to decree in
such case as if such infant were of full age, or such non compos mentis of
sound mind.

For cases involving the act of 1773, ch. 7, see Partridge v. Dorsey, 3 H. & J. 302;
Owings' Case, 1 Bl. 407.

Cited but not construed in Hamilton v. Traber, 78 Md. 32; Jones v. Bitsworth,
3 Bl. 193.

Proceedings under this section confined to cases where court has acquired jurisdiction
on other grounds and is intended to remove disability of infancy in so far as it is
obstacle in dealing with property over which court has acquired jurisdiction. Tucker v.
Hudson, 158 Md. 13.


 

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The Annotated Code of the Public General Laws of Maryland, 1939
Volume 379, Page 581   View pdf image (33K)
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