646 ARTICLE 16

in the place of the trustee or trustees so dying, resigning, failing or neglect-
ing to act, with all the powers and .liabilities of said trustee or trustees for
whom he or they are substituted. In such proceedings, notice by summons
or publication, according to the practice in equity in said Court, shall be
given to said trustee or trustees to be removed or replaced as aforesaid,
if living, and if dead it shall not be necessary to give such notice or to make
his heir at common law or his heirs, devisees or personal representatives
parties thereto but the Court shall lay a rule upon the party or parties
whose property is liable for the payment of said money or upon the bene-
ficiary or beneficiaries of said trust if a release thereof be sought, unless he
or they .shall vountarily appear and admit the allegations of the petition,
to show cause under oath on or before fifteen days after service of such rule
why the prayer of said petition shall not be granted. If said party or par-
ties cannot be found in this State, service of said rule shall be by publication,
according to the practice in equity in said Court. If no cause be shown,
notwithstanding the service of said rule as. aforesaid, against the prayer
of said petition, the Court may determine the same and may, by decree,
appoint a new trustee or trustees in the place of the trustee or trustees
removed or replaced and vest in him or them, all the title at law and in
equity, and all the.powers that had been conveyed to and vested in the
trustee or trustees removed or replaced. If matters of defense against the
enforcement or release of said trust be set up in answer to said rule, the
further proceedings shall be according, to the practice in Equity after
answer filed.

An. Code. 1924, sec. 263. 1912, sec. 247. 1904, sec. 231. 1888, sec. 213. 1876, ch. 245, sec. 1.

1894, ch. 530.

272. A trustee in the State of Maryland, either by deed or will, or
by appointment by order of the circuit court or circuit court No. 2 of
Baltimore City, or by. any court in this State having equity jurisdiction, or
the committee of any lunatic having funds, money or property of any kind
or description, whether invested, or uninvested, belonging to cestui que trust
or lunatic, may, upon order of the circuit court or circuit, court No. 2 of
Baltimore City, or upon order of any court of this State having equity juris-
diction, or any judge thereof, transfer, assign or pay over the principal of
said trust estate, of whatever it may consist, and being the property of his
cestui que trust, or of such lunatic, to any other trustee of said cestui que
trust or committee, guardian or trustee of such lunatic, appointed as such
by a court in any State of competent jurisdiction, or any judge thereof,
whether the trustee, committee or guardian so appointed resides in the
State of Maryland or elsewhere.

In view of this and the following section, it is not contrary to the policy of this
state to permit the estate of a lunatic to be paid over to a non-resident guardian or
committee, particularly when the property is income in the shape of a small annuity.
Gerke v. Colonial Trust Co., 117 Md. 585.

An. Code, 1924, sec. 264. 1912, sec. 248. 1904, sec. 232. 1888, sec. 214. 1876, ch. 245, sec. 2,

1894, ch. 530.

273. Upon application the said circuit courts of Baltimore City, or any
court in this State having equity jurisdiction, is authorized and empowered
to pass an order directing the transfer, assignment or payment of the trust
funds, moneys or properties of said cestui que trust or lunatic to any other
trustee, committee or guardian, as specified and mentioned in section 272,
provided the said court, before passing the order as aforesaid, or any judge