1362 TESTAMENTARY LAW. [ART. 93.

will and testament, agreeably to law, the orphans' court of the
county in which such infant shall reside shall have power to ap-
point a guardian to such infant until the age of twenty-one years,
if a male, and until the age of eighteen, if a female or married;
and such appointment may be made at any time after the probate
of the will, or administration granted on the estate of the
deceased under whom the infant appears to be so entitled to land,
and it may be made if the court shall think proper, in the case of
personal estate, either before or after the administrator shall have
passed his account.

Haney v. Waddle, 3 H. & J. 557. Brodress v Thompson, 2 H. & G 120.
Fridge v.State, 3 G & J. 103. Kraft v Wickey, 4 G & J 332. Jenkins v.
Walters, 8 G. & J 218. Swan v. Dent, 7 Gill, 366. Barnes v. Cram, 8 Gill,
395. Corrie's Case, 2 Bl. 288 Helms v. Franciscus, 2 Bl 544. Waring v.
Waring, 2 Bl 673. Swan v Dent, 2 Md. Ch. 111. State v. Baker, 8 Md. 44.
Williams v Holmes, 9 Md. 290.

P. G. L., (1860,) art. 93, sec. 145. 1834, ch. 291, sec. 4.

145. In case any infant in this State shall be entitled to per-
sonal property by purchase or by gift, other than by last will
and testament, recorded in this State, and there be no guardian
appointed to such infant within this State, the orphans' court of
the county in which such infant shall reside, shall have the right
to appoint a guardian to such infant.

Ibid, sec 146. 1834, ch. 291, sec. 2.

146. The orphans' court shall have the right and power to
appoint a guardian to any such infant as aforesaid, although such
infant may have a father or mother living at the time of such
appointment; provided, notice be given by the court, by publi-
cation or otherwise, to such father, or mother (if there be no
father living) to show cause why such appointment should not be
made; and such appointment shall be as valid in every respect as
if the father and mother of such infant were both dead at the
time; but nothing herein contained shall prevent the said courts
from appointing the father or mother of such infant its guardian
if the court to whom the appointment properly belongs shall, in
its discretion, deem such father or mother a fit and proper person
to be so appointed.

Smith v. Williamson, 1 H. & J. 147. Hay v Conner, 2 H. & J. 347. Mercer
v. Walmsley, 5 H. & J. 27. Corrie's Case, 2 Bl. 488. Helms v. Franciscus, 2