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The Annotated Code of the Public General Laws of Maryland, 1939
Volume 379, Page 586   View pdf image (33K)
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586 ARTICLE 16

An. Code, 1924, sec. 115. ,1912, sec. 112. 1908, ch. 101.

120. In any instance aforesaid, any relative of the testator, or of the
grantor or donor, if. such grantor or donor be. deceased in the name of such
relative or the grantor or donor, if living in his own name, or the State's
Attorney for the county or city in which one of the courts of equity afore-
said has jurisdiction, as aforesaid, in the name of the State of Maryland,
may file and prosecute a bill or bills in equity to procure the passage of
such decree or decrees, orders or orders, as may be necessary or appropriate
to the enforcement or compliance with said condition, conditions or terms,
and that it shall be the duty of the State's Attorney aforesaid, after notice
to him of disregard or non-compliance of such corporation with said con-
dition, conditions or terms, to proceed as aforesaid, unless said grantor
or donor be living, or unless a relative of said testator or of a deceased
grantor or donor shall file and bona fide prosecute such bill or bills, and
that the costs and expenses of such proceedings shall be borne by said
corporation.

An. Code, 1924, sec. 116. 1912, sec. 113. 1908, ch. 101.

121. Nothing contained in the two preceding sections is intended as, or
shall be taken to be, an interpretation of existing law.

An. Code, 1924, sec. 116A. 1931, ch. 291.

122. Whenever any charitable or religious corporation is dissolved
or about to be dissolved, or for any reason it is impracticable or inexpedi-
ent to continue the corporation activities, and all or any part of the cor-
porate property is not needed for the payment of the corporate debts, a
court of equity shall have power to determine by its decree the disposi-
tion of said property; and, in such case, in so far as any donors of prop-
erty to the corporation, or their successors in interest, may not be entitled
to such property as'a result of the cessation of the corporate activities,
or may fail to assert any claim thereto, after having received notice of the
substance and object of the bill or petition either by personal summons
or by such publication as the court shall direct, the court shall, so far as
possible, direct of provide for the transfer of such property to any other
corporation or association of this or another State, having a similar or
analogous character or purpose, or in some way associated or connected with
the corporation to which the property has previously belonged, the intent
of this act: being that courts of equity may in such cases exercise the
judicial power of cy pres, in order to carry out, in spite of the change of
circumstances, the general purpose of the donor or donors of the prop-
erty as regards the application and utilization of the gift or gifts.

Non Compos Mentis.

An. Code, 1924, sec. 117. 1912, sec. 114. 1904, sec. 107. 1888, sec. 96. 1785, ch. 72, sec. 6.

1815, ch. 163.

123. The court shall have full power and authority, in all cases, to
superintend and direct the affairs of persons non compotes mentis, both as
to the care of their persons and the management of their estates, and may
appoint a committee, or a trustee or trustees for such persons, and may
make such orders and decrees respecting their persons and estates as to the
court may seem proper.


 

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The Annotated Code of the Public General Laws of Maryland, 1939
Volume 379, Page 586   View pdf image (33K)
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