234                                          LAWS OF MARYLAND                           [Ch. 11

REVISOR'S NOTE: This section presently appears as
Art. 90, §4. It is divided into two
subsections for purposes of clarity. The only
other changes are in language and style.

15-111. RESIGNATION OF FIDUCIARY.

THE DISCHARGE OF A FIDUCIARY WHO HAS RESIGNED HIS
OFFICE PURSUANT TO THE MARYLAND RULES DOES NOT RELEASE
THE FIDUCIARY, OR HIS SURETIES, IF ANY, FROM LIABILITY TO
ANY OF THE CESTUI QUE TRUSTENT, OR OTHER PERSONS, FOR
ACTS, DEFAULTS, OR OMISSIONS OF DUTY OCCURRING WHILE THE
FIDUCIARY WAS IN OFFICE.

REVISOR'S NOTE; This section presently appears as
Art. 16, §184. The only changes are in style.

15-112. REMOVAL[[.]] OF FIDUCIARY.
(A) GROUNDS.

(1)    MANDATORY GROUNDS.

A COURT SHALL REMOVE A FIDUCIARY WHO HAS;

{I) WILLFULLY MISREPRESENTED MATERIAL FACTS
LEADING TO HIS APPOINTMENT OR TO OTHER ACTION BY THE
COURT IN REFERENCE TO THE FIDUCIARY ESTATE;

(II)   WILLFULLY DISREGARDED AN ORDER OF COURT;

(III)  SHOWN HIMSELF INCAPABLE, WITH OR WITHOUT
FAULT TO PROPERLY PERFORM THE DUTIES OF HIS OFFICE;

(IV)   BREACHED HIS DUTY OF GOOD FAITH OR

LOYALTY IN THE MANAGEMENT OF PROPERTY OF THE FIDUCIARY
ESTATE.

(2)    DISCRETIONARY GROUNDS.

A COURT MAY REMOVE A FIDUCIARY WHO HAS:

(I)    NEGLIGENTLY FAILED TO FILE A BOND WITHIN
THE TIME REQUIRED BY RULE OR ORDER OF COURT;

(II)   NEGLIGENTLY FAILED TO OBEY AN ORDER OF
COURT;

(III)  FAILED TO PERFORM ANY OF HIS DUTIES AS
FIDUCIARY, OR TO COMPETENTLY ADMINISTER THE FIDUCIARY

ESTATE.

(B) PROCEDURES.