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 628   View pdf image (33K)
 Jump to  
  << PREVIOUS  NEXT >>
clear space clear space clear space white space

628 ARTICLE 16

cases in equity. And after the expiration of said period fixed in said order
for the appearance of said unknown persons, the court shall proceed as in
other suits in equity, and shall, by its decree, direct to whom the said fidu-
ciary shall make distribution or delivery of said property, and if, in the
opinion of the said court, it shall be doubtful whether or not there are un-
known persons who are entitled to a share or shares of said property, it may
in its discretion require the persons to whom it shall direct the distribution
or delivery thereof to be made to file a bond or bonds to the State of Mary-
land in such penalty as it shall prescribe, with the clerk of the said court,
conditioned to make restitution to such unknown person or persons of his,
her or their shares of said property, when his, her or their rights thereto
shall be established; or the said court may require said fiduciary to hold
or transfer and deliver to a trustee or receiver to be appointed by it the
share or shares to which such unknown person or persons would be entitled
if in existence to be held, and the income thereof accumulated for such time
as the said court may direct, in order to afford full opportunity for such
unknown person or persons to appear and assert their rights, and may
order the delivery or distribution thereof whenever said unknown persons
shall appear and establish their rights thereto, or when it shall be con-
vinced that there are no unknown persons entitled to any share of said
property; and the said court may defer the passage of the said decree from
time to time if it shall deem it necessary in cases of doubt as to the existence
of persons who may be entitled, but the discretion of the said court as to
requiring bond and deferring the passage of said decree and withholding
and accumulating shares shall be subject to review by the court of appeals;
and any fiduciary making distribution or delivery of any property in
obedience to such decree or order shall be protected from any claim in
respect thereof by such unknown person or persons, his, her or their heirs,
personal representatives or assigns.

As to the payment of debts and distribution by administrators under the jurisdiction
of the orphans' court, see art. 93, secs. 125 and 151.

This section referred to in construing Sec. 232. Robb v. Horsey, 169 Md. 227.

An. Code, 1924, sec. 225A. 1933, ch. 287.

232. Whenever any fiduciary as defined in Section 231, shall hold
property in trust for a beneficiary for and during the life of said bene-
ficiary with remainder over to a person or corporation named or desig-
nated in the will, deed or other instrument creating the trust, and said
life tenant shall fail to appear and claim the interest in said trust estate
to which he may be entitled for a period of seven years from the date on
which a Court of Equity shall have assumed jurisdiction of the trust
property, whether said date shall occur before or after June 1, 1933, and
it shall not be known to said fiduciary, after diligent search made by him,
whether said life tenant is living or dead, or if living whether said life
tenant is a resident or non-resident of this State, or if living where said
life tenant can be found, said fiduciary or person, or corporation entitled
in remainder may apply by bill or petition to the said Court of Equity
which has so assumed jurisdiction of the trust praying the said Court
for the passage of a decree to close said trust estate and make distribu-
tion to the person or corporation entitled in remainder or to his or its
heirs, personal representatives, successors or assigns as their interest may
appear. And said Court of Equity in administering and carrying out
the provisions of this section, shall have and exercise the powers, author-
ity and discretion conferred upon such Court by said Section 231, and


 

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 628   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