452 CHANCEEY. [ART. 16

person or other persons to manage, lease or sell any real or
personal estate, or shall have been or shall hereafter be
appointed such trustee by any court of this State exercising
equity jurisdiction, and shall be desirous to retire from and
resign such trust after he or she shall have accepted the same,
such trustee may exhibit a petition ex parte in the court
exercising equity jurisdiction in the city or county where said
real or personal estate or said leasehold property may be
situated, accompanied by a full and particular account, under
oath, of his or her receipts and disbursements, if any, as suck
trustee; and the said court, upon the filing of such petition,
and account, shall have jurisdiction in the premises, and shall
cause notices to be given by publication in one or more of the
papers of said city or county, and for such time as the said
court may deem proper, giving notice of the filing of such
petition; and if no good cause shall be shown to the contrary
by the day that may be limited in that behalf in said notice,
the said court, by its decree, shall release and discharge the
said trustee from the further execution of said trust, and may
pass such order as to costs, and impose such terms in other
respects, if any, as the nature of the case and equity may
require; provided, that such discharge shall not release said
trustee or his sureties, if any, from liability to any of the
cestui que trusts or other persons, for passed acts, defaults or
omissions of duty.

1888, art 16, sec 212. 1870, ch. 247, sec. 2.

230. Upon passing such decree, as mentioned in the pre-
ceding section, or at any time thereafter, on the motion of any-
person interested in the further execution of said trust, where
the character of the trust requires the appointment of another
person as trustee in place of the discharged trustee, the said
court shall appoint some suitable person to act thereafter in
execution of said trust; provided, nevertheless, that where any
person shall be in the same trust as a co-trustee, satisfactory
evidence shall be produced before the appointment of a sub-
stituted trustee that such co-trustee had actual notice of the
proposed appointment of such new trustee and full time to be
heard in relation thereto.
Western Md R. R. & Land Co. v Goodwin, 77 Md 278

Ibid. sec. 213 1876, ch. 245, sec. 1. 1894, ch. 530

231. A trustee in the State of Maryland, either by deed or
will, or by appointment by order of the circuit court or circuit