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The Annotated Code of the Public General Laws of Maryland, 1939
Volume 379, Page 648   View pdf image (33K)
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648 ARTICLE 16

of a defeasible estate will be sufficient in law and equity if the trustee or
life tenant or holder of the defeasible estate be a party thereto, and it shall
not be necessary for any cestui que trustent, remaindermen or other persons
beneficially interested in the subject matter of the petition to be a party
to such petition, they being represented by the trustee or life tenant or
holder of the defeasible estate for the purpose of the proceedings. Every
petition shall set forth the location and description of the land, the date and
place of record of the lease or sub-lease by which such reversion and rent
were created, the amount of the annual rent, the amount for which the
same is redeemable, and also that such notice as may be required by law
or by the lease or sub-lease has been given by the owner of the leasehold or
sub-leasehold and such other facts as may be necessary to properly present
the matter to the court, and such petition shall be sworn to by the party
filing the same. The money received from the owner of the leasehold or
sub-leasehold for the redemption of such rent or sub-rent shall be forthwith
accounted for to the court by the trustee or life tenant or holder of the
defeasible estate receiving the same, and the court shall make such orders
in reference to the investment of the same as may be proper to the end that
the said money shall be held in place and stead of the redeemed reversion
and rent so as to enure in like manner to the benefit of the persons en-
titled to said reversion and rent. Before receiving the redemption money
the trustee or life tenant or holder of the defeasible estate shall give bond
to the State of Maryland in the penalty of double the amount of the redemp-
tion money, with a surety or sureties to be approved by the court or the
clerk thereof, unless such trustee or life tenant or holder of the defeasible
estate has previously given a bond which protects the redemption money,
or unless such trustee has been excused from giving bond by the instrument
creating the trust. Where a life tenant or the holder of a defeasible estate
is the owner of the reversion and rent, the court may, instead of directing
the life tenant or holder of the defeasible estate to execute such deed and
receive the redemption money, appoint a trustee to execute the deed and
to receive the redemption money. The court costs of the proceeding, includ-
ing the expenses of obtaining a corporate bond (the amount of such expense
being subject to the direction of the court), shall be paid out of the money
received for the redemption of the rent. No purchaser shall be required
to see to the application of the purchase money.

This section is not in conflict with Federal or state Constitution. Title of act. This
section applies to a ground rent title to only part of which is held by a trustee. Purpose
of this section. Kingan Packing Assn. v. Lloyd, 110 Md. 621.

This section referred to in construing art. 21, sec. 111. McCrory Stores v. Bennett,
159 Md. 572.

As to when ground rents are redeemable, see art. 21, secs. 110 and 111.

As to the redemption of ground rents owned by infants, see art. 93, sec. 179.

An. Code, 1924, sec. 267. 1912, sec. 251. 1906, ch. 534.

276. Whenever by any will hereafter probated or by any deed or other
instrument hereafter executed a power to sell, mortgage, lease or otherwise
dispose of real or personal estate shall be given to any one or more trustees,
executors or other fiduciary officers, such power, whether discretionary
or otherwise, shall be construed to be appurtenant to the fiduciary office
and shall pass to and be exercisable by any surviving trustees, executor or
other fiduciary, or by any successor in the office however appointed, unless
an intention to the contrary is expressly declared in such will, deed or other
instrument.

Co-executors are in law one individual person; the acts of one relative to adminis-
tration are acts of all, and possession of one is possession of all. Powers and duties


 

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The Annotated Code of the Public General Laws of Maryland, 1939
Volume 379, Page 648   View pdf image (33K)
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