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Session Laws, 1969
Volume 692, Page 95   View pdf image
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MARVIN MANDEL, Governor                          95

require, and provided, in the discretion of the court, there be no suf-
ficient 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) Commissions.—Upon the revocation of the letters of any
fiduciary engaged in war service or upon his subsequent reinstate-
ment, 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 fiduci-
aries involved, commensurate with their respective services; but
nothing herein contained shall be construed to prevent any such fidu-
ciaries from agreeing upon any division of the allowable commissions
as they may deem proper.

(h) Severability.—If any provision of this section or the appli-
cation thereof to any person or circumstances is held invalid, such
invalidity shall not affect other provisions or applications of this sec-
tion which can be given effect without the invalid provision or appli-
cation, and to this end the provisions of this section are declared to
be severable.

[276] 59. Accounting required on revocation of letters testa-
mentary or of administration or guardianship.

Whenever the orphans' court shall revoke letters [testamentary
or of administration or] of guardianship, it shall be the duty of the
party whose [letters or] guardianship may be revoked forthwith to
render to such court an account of his [administration or] guard-
ianship up to the period of the rendition of such account; and in case
he shall fail to do so within the time fixed by such court, the court
may compel the rendition of such account by attachment, sequestra-
tion of property and imprisonment of the party so failing, until such
account shall be rendered as aforesaid.

60.    Powers and Jurisdiction; Rules.

The orphans' court shall have full legal and equitable power to ad-
minister justice in all matters relating to guardians and wards, in-
cluding the power, authority and jurisdiction to examine, hear and
decree upon all accounts, claims and demands existing between
wards and their guardians and may enforce obedience to and execu-
tion of their decrees in the same ample manner as the courts of equity
in this state, all to the same extent as such court has under Article 93
of this Code. The Maryland Rules for the summoning of a witness,
and for depositions and discovery, shall apply to all actions and
proceedings of the Orphans' Court in the same manner and with
like effect as they apply to the law and equity courts of this State.
The Orphans' Court shall not, under the pretext of incidental power
or constructive authority, exercise any jurisdiction not expressly
conferred by law.

61.    Plenary Proceedings