ART. 16] SALES—TRUSTEE. 9

cretion of the court according to the condition and circumstances
of the deceased, not to exceed three hundred dollars, shall be
considered the debt of said decedent; and in the distribution of
the proceeds arising from any sale under this section, the claim
for funeral expenses shall take priority to all claims of the
common creditors of the deceased. This section to apply to all
cases where the heirs or devisees are residents or non-residents,
or are of full age, or infants, or of sound mind, or non compos
mentis, and to cases where the parties left no heirs, or where
it is not known whether he left heirs or devisees, or, if the heirs
or devisees be unknown, and if there be no heirs, the State's
Attorney shall appear to the bill.

Trustee.

1900, ch. 114.

205. Every trustee to whom any estate, real, personal or
mixed, shall be limited or conveyed for the benefit of creditors,
or to be sold for the benefit of creditors, or to be sold for any
other purpose, except upon a contingency, shall file with the
clerk of the court in which the deed or instruments creating the
trusts may be recorded, a bond in such penalty as the clerk may
prescribe, being as nearly as can be ascertained double the amount
of the whole trust estate, and with sureties to be approved by
the clerk, conditioned for the faithful performance of the trust
reposed in such trustee, which bond shall be retained and
recorded in the office of said clerk, and no title shall pass to any
trustee as aforesaid until such bond shall be filed and approved
as aforesaid, and no sale made by any such trustee without such
bond shall be valid or pass any title to such property or estate.
If the trust estate consists of real property, or of real and per-
sonal property, situated partly in the county or city in which the
grantor resides, and partly in one or more other counties, it shall
be sufficient that a bond has been accepted and filed in the
county of the grantor's residence; if the trust estate consists
entirely of real estate in a county or counties other than of the
residence of the grantor, it shall be sufficient that a bond has
been accepted and filed in the county in which the deed has been
first recorded.