590 ARTICLE 16

mortgage, lease or surrender of a lease of the whole or any part of said
property on such terms and conditions as the Court may prescribe.

While it is not necessary to adopt the proceedings required by this section to
enable the court to order a sale of a lunatic's property for the purpose of paying his
expenses or for his support, when a sale is made for such purpose, there should be
an application to the court showing the object and necessity of the sale, and some-
thing of record to show its purpose. Court held to have no power to ratify a sale for
investment by reason of a failure to comply with this section; this section must be
substantially complied with before a decree for sale or lease under secs. 127 and 128
can be passed. Under this section the guardian, committee or trustee of the property
may apply for its sale, whereas under sec. 132, the trustee or committee of the. person
and estate must apply. An attempted sale held invalid. See note to sec. 132. Rutledge
v. Rutledge, 118 Md. 556 (decided prior to the act of 1912, ch. 478).

This section has no application to a sale at the instance of a lunatic's committee
for the purpose of paying taxes and the lunatic's board. History and object of this
section. When this section applies. Estate of Dorney, 59 Md. 70 (decided prior to the
act of 1894, ch. 221).

Prior to the act of 1894, ch. 221, to give the court jurisdiction to order a sale under
sec. 127, there must have been a summons or order of publication. Effect of the act
of 1894, ch. 221. Willis v. Hodson, 79 Md. 329.

Although the averments of a bill for the sale of a lunatic's real estate are not sufficient,
a party not injured thereby cannot rely on such defect. Wampler v. Wolfinger, 13 Md.
345.

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

Cited but not construed in Williams' Case, 3 Bl. 192. Campbell's Case, 2 Bl. 224.

Referred to in dealing with provision in will re support of lunatic at home .place.
In re Ritter, 148 Md. 135.

An. Code, 1924, sec. 123. 1912, sec. 119. 1904, sec. 112. 1888, sec. 101. 1785, ch. 72, sec. 8.
1800, ch. 67, sec. 4. 1912, ch. 478.

130. No sale, mortgage, lease or surrender of a lease of the property,
real or personal of a person non compos mentis shall be valid unless the
same shall be reported to and confirmed by the Court.

This section construed in connection with sec. 56—see notes .thereto...Tome v.
Stump, 89 Md. 273.

This section referred to in construing secs. 128 and 132—see notes thereto. Rutledge
v. Rutledge, 118 Md. 558 (decided prior to the act of 1912, ch. 478).

An. Code, 1924, sec. 124. 1912, sec. 120. 1904, sec. 113. 1888, sec. 102. 1828, ch. 26, secs. 4, 5.

131. The court may allow to the trustee, committee or other person
charged with the care of the person or estate of any non. compos mentis,
any sum not exceeding ten per cent, on the income and -expenditures of
such non compos mentis, for the care and trouble of such trustee, or person

so charged as aforesaid.

The trustee, etc., does not receive commissions on the fund which he pays over
to the non compos when he is restored to reason, or to his representatives. It is only
on the receipts and expenditures during the continuance of the trust that commissions
are allowed. Whyte v. Dimmock, 55 Md. 455.

As to when costs, counsel fees and other expenditures will be allowed a committee,
see Colvin's Estate, 4 Md. Ch. 126...

This section referred to in construing secs. 129 and 132—see notes thereto. Rutledge
v. Rutledge, 118 Md. 554.

An. Code, 1924, sec. 125. 1912, sec. 121. 1904, sec. 114. 1888, sec. 103. 1800, ch. 67, sec 2.

132. In all cases where a trustee has been appointed by the court for
the management of the person and estate of a person non compos mentis,
the court may decree that the property of such non compos mentis, or so
much thereof as may be necessary, be sold for the support of such non
compos mentis, or for the payment of all reasonable and just expenses which
said trustee may have incurred.

This section referred to in deciding that the court having jurisdiction over a lunatic
and her estate, must see that she is provided for out of the funds under its control,