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The Annotated Code of the Public General Laws of Maryland, 1939
Volume 379, Page 649   View pdf image (33K)
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CHANCERY 649

of executors which remain unexecuted and unfulfilled pass to surviving executor. Rights
of surviving executor against executor of his co-executor. Crothers v. Crothers, 121
Md. 118.

See notes to art. 93, sec. 13.

See art. 93, sec. 309.

An. Code, 1924, sec. 267A. 1929, ch. 501.

277. Whenever in any will, deed or other instrument executed after
July 1, 1929, real or personal property is given to a trustee with or with-
out a personal or discretionary power of sale or investment of any assets
of the trust estate, any person having under the will, deed or other instru-
ment an interest in the trust estate shall be entitled to have the trust estate
administered under the supervision of a court of equity, and may apply to
the court to assume jurisdiction thereof, and the court shall thereupon
assume jurisdiction over the entire trust estate or such part thereof as it
may deem proper, unless a contrary intention be expressly stated in the
instrument creating the trust; and the court may thereafter, if it deems
proper, require that all persons interested be made parties to the proceeding.

Cited but not construed in Chapman v. Balto. Tr. Co., 168 Md. 256.

An. Code, 1924, sec. 268. 1920, ch. 228, sec. 251A.

278. Any trustee, executor, administrator or other fiduciary, desiring
to compromise or settle any claim or matter in dispute against or in favor
of, or relating to, the estate or property in his, her or its charge, or to which
he, she or it may have any claim or title in any of said capacities, may sub-
mit such proposed compromise or settlement to a court of equity jurisdic-
tion for its ratification or approval; and the court shall have power to
authorize or ratify the same in such manner, and upon such terms or with
such modifications as the court may deem proper. Such submission may
be made either by petition or report in any cause in which the court may
have already assumed jurisdiction over the administration of such trusts
or estate, or in which such fiduciary may have been appointed; or may be
made by original bill or petition. The court, if it deems it proper, may re-
quire that any person or persons interested in the trust or estate be made
parties to such petition or report.

See art. 93, sec. 271, and notes.

An. Code, 1924, sec. 268A. 1931, ch. 453.

279. Court of Equity within this State shall have full jurisdiction to
enforce trusts for charitable purposes, upon suit of the State by the At-
torney General or upon the suit of any person or persons having an inter-
est in the enforcement thereof; and as to all trusts hereafter created for
charitable purposes, whether by gift, deed, will or other form of settle-
ment, and whether the subject thereof be real or personal property, it
shall be no objection to the validity or enforceability of such trusts or of
such gift, deed, bequest, devise, etc., that the beneficiaries of such trust,
constitute an indefinite class or that such trusts or the limitations under
such settlement are limited to extend for a perpetual or indefinite period.
"Charitable purposes" under this section shall include all such purposes
as are within either the spirit or letter of the Statute of 43 Elizabeth Ch. 4
(1601), commonly known as the statute of charitable uses.

A will providing for "home for unfortunate girls" held valid, being sufficiently definite
to enable court to determine girls who would be entitled to admission. Second Nat. Bank
v. Bank, 171 Md. 547.


 

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The Annotated Code of the Public General Laws of Maryland, 1939
Volume 379, Page 649   View pdf image (33K)
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