clear space clear space clear space white space
A
 r c h i v e s   o f   M a r y l a n d   O n l i n e

PLEASE NOTE: The searchable text below was computer generated and may contain typographical errors. Numerical typos are particularly troubling. Click “View pdf” to see the original document.

  Maryland State Archives | Index | Help | Search
search for:
clear space
white space
Session Laws, 1943
Volume 584, Page 310   View pdf image (33K)
 Jump to  
  << PREVIOUS  NEXT >>
clear space clear space clear space white space

310 LAWS OF MARYLAND. [CH. 290

cation of such suspended fiduciary in pursuance of the terms
of the order of reinstatement passed in his behalf.

(g) Except for the right to apply for reinstatement as here-
inafter provided, the status of such suspended fiduciary, dur-
ing the period of suspension, in respect to the trust, the title
and possession of the trust property and the administration
thereof, shall be the same as that of a trustee who has been
permanently removed from the trusteeship upon his voluntary
application.

(h) Upon the passage of an order of suspension of a fiduci-
ary engaged in war service under the provisions hereof, the
substitute or successor fiduciary, if any be appointed in pur-
suance of this section, or the remaining co-fiduciaries, if any,
shall forthwith succeed to and exercise all of the powers, dis-
cretions and duties of the fiduciary so suspended unless an
intention to the contrary is expressly declared in the will,
deed or other instrument creating the trust; provided, how-
ever, that nothing in this section shall relieve a fiduciary who
enters war service (or his sureties) from liability for his ad-
ministration of the trust during the period of his administra-
tion or relieve Kirn of his duty to account therefor at such
time as the court deem proper under the circumstances; nor
shall anything in this section impose any liability upon any
substitute or successor trustee for the administration of the
trust by his predecessor or the latter's failure to properly
account in due time for the assets of the trust, nor impose
any liability upon the suspended fiduciary for the adminis-
tration of the trust by his substitute or successor.

(i) The court appointing a substitute or successor fiduciary
under the provisions of this section shall have, in addition to
the powers herein specifically conferred, the same powers to
remove, discharge or otherwise control such substitute or suc-
cessor fiduciary as are conferred upon it by existing law with
respect to other fiduciaries of similar trusts.

(j) If the trust be still current and require further admin-
istration after the suspended fiduciary shall have been dis-
charged from war service or sufficiently relieved of such service
to resume the duties of the trust, such suspended fiduciary
shall be reinstated upon such terms and conditions as the
court may direct, provided he make application for such rein-
statement by appropriate petition 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
the event the court reinstate the applicant, an appropriate
order shall be passed for such reinstatement and, in the

 

clear space
clear space
white space

Please view image to verify text. To report an error, please contact us.
Session Laws, 1943
Volume 584, Page 310   View pdf image (33K)
 Jump to  
  << PREVIOUS  NEXT >>


This web site is presented for reference purposes under the doctrine of fair use. When this material is used, in whole or in part, proper citation and credit must be attributed to the Maryland State Archives. PLEASE NOTE: The site may contain material from other sources which may be under copyright. Rights assessment, and full originating source citation, is the responsibility of the user.


Tell Us What You Think About the Maryland State Archives Website!



An Archives of Maryland electronic publication.
For information contact mdlegal@mdarchives.state.md.us.

©Copyright  October 10, 2023
Maryland State Archives