ART. 50. ] SETTLEMENT OP DECEDENTS' ESTATES.

State, shall be acknowledged and certified, as if it were a release;
and if executed out of the State, shall be acknowledged and certified
in the same manner as releases or receipts are required to be by the

467

last preceding section; and any female over eighteen years of age
may execute such power of attorney.

Who may
execute

184:. Such power of attorney shall be recorded in the office of
the register of wills in the county in which the administration was
granted, or in which the guardian was appointed or ga\e bond, and
an}' release or receipt executed and acknowledged in virtue of such

Id s 5
1831, c 305, s 7.
Where to be
recorded

power before the register of wills, or a justice of the peace of the
county, where the power of attorney is required to be recorded, may
be recorded with such power of attorney, and a copy, under seal, of

Release re-
corded with
power of
attorney

such release or receipt and power of attorney, shall be evidence
thereof.

Copy, evidence

185. Any release, receipt, or power of attorney authorized to be
recorded in the preceding sections shall remain, and be retained,
and preserved in the office of the register of wills, and shall not be
delivered to any person.

Id s 6
1831, c 305, s. 7
Releases and
powers or at-
torney to be re-
tained by regis-
ter.

186. Whenever, under the provisions of a will, it shall be neces-
sary for an executor or an administrator cum testamento annexe to
retain in his hands the personal estate, or any part thereof, after
all just claims are discharged, as where money or some other thing
is directed to be paid at a distant period, or upon a contingency,
any court of equity in the city or county, or the Orphans' Court,
shall have the power, on the application of such executor or admin-
istrator, or of the party interested, to decree or give directions
thereto; and it shall be the duty of such executor or administrator
to apply to the said court of equity, or the Orphans' Court, and the
said courts respectively shall have full power to decree or direct what
part of the personal estate shall be retained or appropriated for the
purpose, and in what manner it shall be disposed of, and the legacy
or benefit intended by the will shall be secured to the person to be
entitled at a future period or contingency, and how the necessary
part of the personal estate to be appropriated for the purpose shall
be prevented from lying dead or being unproductive, and how it
shall be applied, agreeably to the intent of the will or the construc-
tion of law, in case the contingency shall not take place.

Art 93, s 10
1798, c. 101,
sub-c 10, a 11
Personal estate
payable in the
future, how dis-
posed of
2 Md 104, 5 Md
219, 21 Md 426,
31 Md 21, 41
Md 488

187. When any person entitled, after payment of debts, shall
be in want of subsistence, or greatly straitened in his circum-
stances, and shall apply to the Orphans' Court by petition, and sat-
isfy the court that he is in want of subsistence, or greatly strait-
ened in circumstances, and that it probably will not require more
than one-half of the assets to discharge the debts, the court may
direct the administrator to deliver to the petitioner any part of what
the court shall suppose will be his distributive share, or any part
of a legacy or bequest in money, not exceeding one-third part, the

Id s 140
1798, c 101,
sub-c 10, s 7
When adminis-
trator to ad-
vance to dis-
tributee or
legatee
6 Md 347, 26
Md 312, 28 Md
84

said petitioner giving bond, with security approved by the court, to
the administrator, for returning the same, or an equivalent, with in-

Bond to be
given.