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Session Laws, 1953
Volume 606, Page 17   View pdf image (33K)
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THEODORE R. MCKELDIN, GOVERNOR 17

SECTION 1. Be it enacted by the General Assembly of
Maryland,
That Section 138 of Article 16 of the Annotated
Code of Maryland (1951 Edition), title "Chancery, " sub-
title "Non Compos Mentis, " be and it is hereby repealed
and re-enacted, with amendments, to read as follows:

138. (a). When property is held as tenants by the en-
tireties and either spouse shall be adjudicated a lunatic
and shall have a Guardian, Committee or Trustee appointed
for his or her estate, the Court which may have appointed
such Guardian, Committee or Trustee shall have power,
either upon the petition of such Guardian, Committee or
Trustee, or the other spouse, or both, to order a sale of the
property held as tenants by the entireties, and the Court
may order such division of the proceeds of such sale be-
tween such Guardian, Committee or Trustee and the other
spouse as the Court may find proper.

(b). When title to real property is held in the name of
one competent married person alone and either his or her
spouse shall be adjudicated a lunatic and shall have a
Guardian, Committee or Trustee appointed for his or her
estate, the Court which may have appointed such Guardian,
Committee or Trustee shall have power, upon the petition
of such competent person in whose name the real property
is titled, to order a sale or mortgage of such real property
and to release the dower rights of the spouse who has been
adjudicated a lunatic, and the Court may order such divi-
sion of the proceeds of such sale or mortgage between such
Guardian, Committee or Trustee and the other spouse as
the Court may find proper.

SEC. 2. And be it further enacted, That this Act shall
take effect June 1, 1953.

Approved February 25, 1953.


CHAPTER 8
(House Bill 38)

AN ACT to repeal Sections 640 to 661A, inclusive, of
Article 1 of the Code of Public Local Laws of Maryland

——————

EXPLANATION: Italics indicate new matter added to existing law.

[Brackets] indicate matter stricken from existing law
CAPITALS indicate amendments to bill.
Strike out indicates matter stricken out of bill.


 

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Session Laws, 1953
Volume 606, Page 17   View pdf image (33K)
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