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The Maryland Code, Public General Laws, 1888
Volume 389, Page 159   View pdf image
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ART. 16.] CHANCERY—JURISDICTION. 159

P. G. L., (1860,) art. 16, sec. 68. 1831, ch. 315, sec. 17.

81. Nothing in the testamentary law of this State shall be con-
strued in any manner to affect the general superintending power
of the courts having chancery jurisdiction with respect to trusts.

Davis v. Clabaugh, 30 Md. 508. Eichelbergcr v. Hawthorne, 33 Md. 588,
State v. Cheston, 51 Md. 370. Keplinger v. Maccubbin, 58 Md. 203.

Ibid. sec. 69. 1798, ch. 101, sub-ch 14, sec. 6.

82. A suit in chancery may be maintained for a legacy, in cases

where a bond has been given to pay debts and legacies.

Ibid. sec. 70. 1798, ch. 101, sub-ch. 12, sec. 10.

83. No guardian shall diminish the real estate of his ward for
the maintenance or education of such ward, without the approba-
tion of the court having equity jurisdiction, and the orphans'

court.

Pottenger's Exr. v. Stewart, 3 H. & J 347. Brodress v. Thompson, 2 H. A

G 120. Hatton v. Weems, 12 G. & J. 84.

Ibid. sec. 71. 1773, ch. 7, sec. 1. 1778, ch. 22, sec. 2. 1786, ch. 72, sec. 1.

84. If any infant, or person non compos mentis, be entitled to
any real or personal property in this State, Or any interest or estate
therein, and the same shall be liable to any mortgage, trust, lien,
or in any way charged with the payment of money, the court shall
have the same power to decree in such case as if such infant were
of full age, or such non compos mentis of sound mind.

Lamar B Jones, 3 H. & McH. 328. Prutzman v. Pitesell, 3 H. & J. 77. Wat-
kins v. Worthington, 2 Bl. 509. Williams' Case, 3 Bl. 186. Tomlinson v. Mo-
Kaig, 5 Gill, 256 Bolgiano v. Cooke, 19 Md. 396

Ibid sec. 72. 1773, ch. 7, sec. 2. 1778, ch. 22, sec 4 1785, ch 80, sec. 2.
1791, ch. 79, sec. 4. 1841, ch. 259.

85. Where an infant, or person non compos mentis, is entitled
to any real or personal property in this State bound by any con-
tract, or where an infant or a non compos mentis claims any right
in such property under any contract, the court, in either case, shall
have the same power to decree the execution of such contract, or
to pass any just and proper decree that the court would have if all
the parties were of full age and sound mind; provided, that in all

 

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The Maryland Code, Public General Laws, 1888
Volume 389, Page 159   View pdf image
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