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The Maryland Code Public General Laws, 1904
Volume 393, Page 410   View pdf image (33K)
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410 CHANCERY. [ART. 16

Any decree or order which may have been heretofore passed
for the sale of the property of any person non compos mentis
shall have the same effect as if it had been passed after the
adoption of this section.

Hamilton v. Traber, 78 Md. 33. Willis v. Hodson, 79 Md. 329. Tome v.
Stump, 89 Md. 266

1888, art. 16, sec. 99. 1860, art. 16, sec. 82. 1833, ch. 150, sec. 2. 1894, ch. 221.

110. The court, which may have appointed a guardian, com-
mittee or trustee of the property of a person non compos mentis
may, upon the application of such guardian, committee or
trustee, without any process or order of publication, order or
decree any real or leasehold property of a person non compos
mentis to be leased for any term of years, or may order or
decree the surrender of any lease of the estate or property of
such person non compos mentis to be accepted, and the same to
be demised anew on such terms and conditions as the court
may direct.

Dugan v. Mayor, etc., 70 Md. 1. Benson v. Benson, 70 Md. 257. Mumma.
v. Brinton, 77 Md. 200. Hamilton v. Traber, 78 Md. 33. Willis v. Hodson,
79 Md. 329.

Ibid. sec. 100. 1860, art. 16, sec. 83. 1828, ch. 26, sec. 1. 1829, ch. 222.
1833, ch. 150. 1894, ch. 221.

111. In all applications by a guardian, committee or trustee
of the property of a person non compos mentis to sell any of the
real, leasehold or personal property of such person non compos
mentis, or to demise any of the real or leasehold property of
such person non compos mentis, or to accept the surrender of
lease thereof, the court shall, before passing an order or decree,
have proof taken as in other chancery cases as -to the value,
quantity and condition of the property, and after considering
all the circumstances, if the court shall deem it to the interest
and advantage of such person non compos mentis, it may order
or decree a sale, lease or surrender of a lease of the whole or
any part of the said property on such terms and conditions as
the court may prescribe.
Estate of Dorney, 59 Md. 67. Willis v. Hodson, 79 Md. 331.

Ibid. sec. 101. 1860, art. 16, sec 84. 1765, ch. 72, sec. 8. 1800, ch. 67, sec. 4.

112. 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.
Tome v. Stump, 89 Md. 273.


 

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The Maryland Code Public General Laws, 1904
Volume 393, Page 410   View pdf image (33K)
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