ART. 65. ] PROCEEDINGS IN EQUITY.
is recorded, shall be admitted as evidence to prove such receipt,
release, or final discharge.
TRANSFERS BY TRUSTEES TO TRUSTEES IN OTHER STATES.
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647
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90. A trustee or trustees in this State, either by deed or will,
or by appointment by order of the Circuit Court of Baltimore
City, or by any court in this State having equity jurisdiction,
having funds, money, or property of any kind or description,
whether invested or uninvested, belonging to cestuis que trusts, may
upon order of the Circuit Court of Baltimore City, or by order of
any court of this State having equity jurisdiction, or any judge
thereof, transfer, assign or pay over the principal of said trust
estate, of whatsoever it may consist, and being the property of his
or their cestuis que trusts, to any other trustee or trustees of said
cestuis que trusts, appointed as such by a court in any State, of
competent jurisdiction, or any judge thereof, whether the trustee so
appointed resides in the State of Maryland or elsewhere.
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1876, c 245. s 1.
Transfer of
trust property
to trustee ap-
pointed in
another State.
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91. Upon application the Circuit Court of Baltimore City, or
any court in this State having equity jurisdiction, is hereby au-
thorized and empowered to pass an order directing the transfer,
assignment, or payment of the trust funds, moneys and properties
of said cestuis que trusts to any other trustee or trustees as specified
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Id s 2.
Equity court to
pass an order
for the transfer.
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and mentioned in the last preceding section, provided, said court
before passing the order as aforesaid, shall be of opinion that it
would be to the interest and advantage of the cestuis que trusts
that said transfer should be made, and the court shall further be
satisfied that said new trustee has properly bonded and been quali-
fied as said trustee.
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Proviso.
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92. The receipt and release of the trustee or trustees properly
authenticated to whom the said trust moneys, properties and effects
of the cestuis que trusts shall or may have been paid over, assigned
or transferred, in virtue of the order or decree of the said Circuit
Court of Baltimore City, or by any other court of competent juris-
diction in this State, or any judge thereof, shall be a good and suffi-
cient release to the trustee so paying over, transferring or assigning
said trust moneys, properties and effects of said trust estate, to
the extent and to the amount so transferred, assigned or paid over.
RESIGNATION OF TRUSTEES.
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Id s 3
Receipt and re-
lease of trustee
to be sufficient.
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93. In any case in which a trustee shall have been, or may here-
after be appointed by deed or by will, either as sole trustee or as a
trustee to act in conjunction with another person or other persons
to manage, lease, or sell any real or personal estate, or shall have
been or shall hereafter be appointed such trustee by any court of
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1878, c 107
Resignation of
trustee ap-
pointed by will
or deed or court
of equity
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this State exercising equity jurisdiction, and shall be desirous to
retire from and resign such trust, after he or she shall have accepted
the same, such trustee may exhibit a petition ex parte in the court
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Proceedings.
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