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Session Laws, 1943
Volume 584, Page 302   View pdf image (33K)
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302 LAWS OF MARYLAND. [CH. 288

court to appoint a new or substitute fiduciary in accordance
with the provisions of this Article providing for such appoint-
ment upon the revocation of any letters testamentary or of
administration or of guardianship.

(f) The revocation of letters under the provisions of this
section shall be no bar to the re-appointment of the fiduciary
thus removed if the estate be still current and require further
administration after the removed fiduciary shall have been dis-
charged from war service or sufficiently relieved of such service
to resume the duties of fiduciary; and such removed fiduciary
shall be reinstated and new letters granted him upon such
terms and conditions as the court may direct, provided he
make application for such reinstatement by appropriate peti-
tion with such notice to the acting and incumbent fiduciaries
of the trust as the court may require, and provided, in the
discretion of the court, there be no sufficient reason shown to
refuse his application. In the event the court reinstate the
applicant, it may, in its discretion, revoke the letters of any
substitute fiduciary to whom letters had been granted in sub-
stitution for the removed fiduciary in war service.

(g) Upon the revocation of the letters of any fiduciary en-
gaged in war service or upon his subsequent reinstatement,
the court may, after such notice to all remaining and substi-
tute fiduciaries affected as it shall deem proper, pass such
order as to commissions as may be necessary, in its discretion,
to effect a reasonable division of the allowable commissions
between all fiduciaries involved, commensurate with their re-
spective services; but nothing herein contained shall be con-
strued to prevent any such fiduciaries from agreeing upon any
division of the allowable commissions as they may deem
proper.

SEC. 2. And be it further enacted, That if any provision
of this Act or the application thereof to any person or cir-
cumstances is held invalid, such invalidity shall not affect
other provisions or applications of the Act which can be given
effect without the invalid provision or application, and to this
end the provisions of this Act are declared to be severable.

SEC. 3. And be it further enacted, That this Act is hereby
declared to be an emergency law and necessary for the imme-
diate preservation of the public health and safety and being
passed by a yea and nay vote, supported by three-fifths of all
members elected to each of the two Houses of the General
Assembly, the same shall take effect from the date of its
passage.

Approved March 31, 1943.

 

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Session Laws, 1943
Volume 584, Page 302   View pdf image (33K)
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