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Revised Code of the Public General Laws, 1879
Volume 388, Page 660   View pdf image (33K)
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660 SALE, LEASE, OR PARTITION OF PROPERTY IN EQUITY. [ART. 66.

Art 16, s 79
1785, c 72, s 6,
1815, c 163
Jurisdiction in
cases of persons
non compos
mentis
3 Md 454, 9 Md
297, 13 Md 337,
14 Md 300,
43 Md 313, 2H
& J 293, 2
Bl 89, 1 Gill 345

PROPERTY OF PERSONS NON COMPOTES MENTIS.

34. The court shall have full power and authority, in all cases,
to superintend and direct the affairs of persons non compos mentis,
both as to the care of their persons and the management of their
estates, and may appoint a committee, or a trustee or trustees for
such persons, and may make such orders and decrees respecting
their persons and estates as to the court may seem proper.

Appointment of committee of person and estate.

Id s 80
1785, c 72, s 6
Application by
creditor or, for
sale of estate.

33. On the application of any creditor of a person non compos
mentis, the court may decree a sale of the real or personal estate of
such non compos mentis, or such part thereof as may be necessary
to pay the claim of such creditor, if the court is satisfied of the
justice of the claim, and that there is no other means of paying the
same.

Id s 81
1790, c 60, s 2,
1800, c 67, 8 3,
1819, c 144, s 1,
1828, c 26, 1329,
c 222
Sale upon appli-
cation of guar-
dian, commit-
tee, or trustee

Investment of
proceeds

How proceeds
to descend on
death of non
compos mentis

36. The court, upon the application of the guardian, committee,
or trustee of any person non compos mentis, may decree the sale of
any real or personal property to which such non compos mentis may
be entitled, and order the money arising therefrom to be invested
in stocks or mortgages on real estate, or other safe securities, as
the court may deem most advantageous to such non compos mentis;
and on the death of such non compos mentis, the principal sum
arising from such sales of real estate, shall descend to the persons
to whom the real estate would have descended it the same had not
been sold.

Id s 82
1833, c 150, s 2.
Lease or sur-
render

37. The court may order any real or leasehold property of a
person non compos mentis, to be leased for any term of years, and
renewable forever, or may order the surrender of any lease of the
estate or property of such person to be accepted, and the same
to be demised anew, on such terms and conditions as the court may
direct.

Id s 83
1828, c 26, s. 1,
1829, c 222,
1833, c 150
Proceedings.

38. In all applications to sell the real or personal property of a
person non compos mentis, or to demise the real or leasehold prop-
erty of such person, or to accept the surrender of a lease thereof,
the court shall, before passing a decree, have the appearance and
answer of such person, by his guardian to be appointed by the
court, and have proof taken, as in other chancery cases, as to the
value, quantity, and condition of the property, and, after consider-
ing all the circumstances, if the court shall deem it for the interest
and advantage of such non compos mentis, it may decree a sale,
lease, or surrender of the whole or part of such property, on such
terms and conditions as the court may presence, but the court

Sale to pay
debts

may decree a sale for the payment of debts, without being satisfied
that such sale is for the interest and advantage of such non compos

Id s 84
1785, c 72, s 8,
1800, c 67, s 4
Sale, etc, not
valid, unless
confirmed by
court

mentis.
39. No sale, lease, or surrender of a lease of the property, real
or personal, of a person non compos mentis, shall be valid unless the
same shall be reported to and confirmed by the court.



 

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Revised Code of the Public General Laws, 1879
Volume 388, Page 660   View pdf image (33K)
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