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The Maryland Code, Public General Laws, 1888
Volume 389, Page 1371   View pdf image
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ART. 93.] GUARDIAN AND WARD. 1371

applied without the order and consent of the orphans' court first
had and obtained.

P. G. L , (1860,) art. 93, sec. 172. 1816, ch. 154, sec. 7. 1872, ch. 403.

172. All moneys invested under the preceding section shall be
invested in the name of the ward, and shall be transferable only
under the order of the orphans' court; and all transfers without
such order shall be void; and whenever the orphans' court shall
in its discretion authorize a guardian to invest or mortgage the
proceeds of the sale of real estate belonging to his ward and sold
by a trustee in equity, the affidavit of consideration to such mort-
gage shall be made by the guardian of such ward.
O'Hara v. Sheppard, 3 Md. Ch 306.

Ibid. sec. 173. 1843, ch. 304, secs. 1-2.

173. No guardian shall sell any property of his ward without
an order of the orphans' court approving the bond of such guar-
dian being first had and obtained; and any sale or removal
without an order of court previously had, shall be void, and no
title shall pass thereby to the purchaser, and his guardianship
may be revoked, and the same proceedings relative thereto shall
be had as are prescribed herein in regard to sales made by admin-
istrators without such order.

Jenkins v. Walter, 8 G. & J. 218. O'Hara v Sheppard, 3 Md. Ch. 306..
Mayor & C. C. of Baltimore v. Norman, 4 Md. 352. Carlisle v. Carlisle, 10 Md.
440. Dugan v. Hollins, 11 Md. 42. Scott v. Fox, 14 Md. 394. Sullivan's
Admr. v. Howard, 20 Md. 194. Tyson v. Latrobe, 42 Md. 325.

Ibid. sec. 174 1843, ch. 304, sec. 3.

174. When there are two or more guardians, and the sale or
removal has been made without the consent of all, the revocation
shall only extend to the person or persons so offending, and the
remaining guardian or guardians shall have full power to dis-
charge all the duties connected with his or their office.

Ibid. sec. 175. 1843, ch. 304, sec. 4.

175. Nothing herein shall apply where a guardian has been
appointed by will, with power to sell property without making a
return of such sale to the orphans' court.

 

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The Maryland Code, Public General Laws, 1888
Volume 389, Page 1371   View pdf image
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