CHANCERY 589

An. Code, 1924, sec. 119. 1912, sec. 116. 1904, sec. 109. 1888, sec. 98. 1790, ch. 60, sec. 2.
1800, ch. 67, sec. 3. 1819, ch. 144, sec. 1. 1828, ch. 26. 1829, ch. 222. 1894, ch. 221.

127. The court which may have appointed a guardian, committee or
trustee of the property of a person non compos mentis may, upon the appli-
cation of such guardian, committee or trustee, without any process or order
of publication, order or decree the sale of any real, leasehold or personal
property to which such person non compos mentis may be entitled and
order the money arising therefrom to be invested in stocks or other property,
or in mortgages on real estate or in other safe securities, as the court may
deem most advantageous to such person non compos mentis; and on the
death of such person non compos mentis the principal arising from any
such sale shall pass to and vest in the person or persons in whom such
property would have vested if the same had not been sold. Any decree or
order which may have been heretofore passed for the sale of the property
of any person non compos mentis shall have the same effect as if it had been
passed after the adoption of this section.

Inasmuch as a sale can only be ordered under this section upon the application of
the guardian, committee, etc., a decree cannot pass upon the application of a third
party; and under such decree, a purchaser gets no title. History of this section. Hamil-
ton v. Traber, 78 Md. 32.

This section construed in connection with sec. 56—see notes thereto. Tome v. Stump,
89 Md. 269.

This section referred to in construing secs. 129 and 132—see notes thereto. Rutledge
v. Rutledge, 118 Md. 557.

Cited but not construed in Jones v. Jones, 1 Bl. 458.

See notes to sec. 129.

An. Code, 1924, sec. 120. 1912, sec. 117. 1904, sec. 110. 1888, sec. 99. 1833, ch.150, sec. 2.

1894, ch. 221. 1912, ch. 478.

128. The Court, which may have appointed the guardian, committee
or trustee of the property of a person non compos mentis may, upon the
application of such guardian, committee or trustee, without any process
or order of publication, order or decree any real or leasehold property
of a person non compos mentis to be mortgaged, or may order or decree
any real or leasehold property of a person non compos mentis to be leased
for any term of years, or may order or decree the surrender of any lease
of the estate or property of such person non compos mentis to be accepted,
and the same to be demised anew on such terms and conditions as the Court
may direct.

This section referred to in construing sec. 56—see notes thereto. Tome v. Stump,
89 Md. 269.

This section referred to in construing secs. 127 and 129—see notes to the latter
section. Willis v. Hodson, 79 Md. 331.

This section referred to in construing secs. 129 and 132—see notes thereto. Rutledge
v. Rutledge, 118 Md. 557-63 (decided prior to the act of 1912, ch. 478).

An. Code, 1924, sec. 121. 1912, sec. 118. 1904, sec. 111. 1888. sec. 100. 1828, ch. 26, sec. 1.
1829, ch. 222. 1833, ch. 150. 1894, ch. 221. 1912, ch. 478.

129. In all applications by a guardian, committee or trustee of the
property of a person non compos mentis to sell any of the real, leasehold
or personal property of such person non compos mentis, or to mortgage
any of the real or leasehold property of such person non compos mentis
or to demise any of the real or leasehold property of such person non com-
pos mentis, or to accept the surrender of lease thereof, the Court shall,
before passing, an order, or decree, have proof taken as in other chancery
cases as to the value, quantity and condition of the property and after con-
sidering all the circumstances if the Court shall deem it to the interest and
advantage of such person non compos mentis it may order or decree a sale,