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Session Laws, 1963
Volume 671, Page 429   View pdf image (33K)
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J. MILLARD TAWES, Governor                        431

more City) where the money is on deposit, shall he under oath, and
shall state in detail the purposes for which the withdrawal of the
money is desired. Upon receiving a petition, the court shall make such
inquiry as it deems necessary before granting or denying the petition
in whole or in part, except that if the money is desired for any pur-
pose other than to further the education of the minor, including
reasonable expenditures for room and board, the court shall require
a strong showing of necessity by the Trustee in a hearing before the
court.

227.    If the Trustee is deceased, or if it appears to any responsible
adult that the Trustee has failed and/or refused to discharge his duty
to file a petition under Section 226, then any responsible adult may
file the petition required under Section 226, and set out, in addition
to the facts required under Section 226, the facts with respect to the
Trustee's decease or failure or refusal to discharge his duty. A
petition filed under this section shall include a prayer for the dis-
charge of the Trustee and the appointment of another Trustee.

228.    In its order upon a petition, the court may direct the institu-
tion where the minor's funds are on deposit to make its check to the
order of: (1) the Trustee for the use of the minor; or (2) the person,
firm, or organization which has performed or is to perform a service
for or furnish goods to the minor. The court may also direct payment
of a reasonable attorney's fee, and the costs of the proceedings, but
may not in any event direct or provide for the payment of any fees or
commissions to the Trustees.

229.    The Trustee hereunder is not required to file with any court
any accounts of his trusteeship.

230.    Definitions:

(a)  "Minor" means any person under legal age who actually re-
sided in Maryland at the time of the happening of the occurrence out
of which the claim, action, or judgment arises; or any person under
legal age who actually resides in Maryland at the time money is paid
to him or to any person acting for him because of a claim, action, or
judgment in tort.

(b)  "Net sum" means the net amount due the minor or to any
person acting for him after the deduction of the attorney's fee and
expenses. If the minor is not represented by an attorney, then it
means the amount paid to the minor or to any person acting for him,
by any defendant, insurer, or the State of Maryland under the pro-
visions of the Unsatisfied Claims and Judgment Fund Law.

(c)  "The person responsible for the payment of the money"
means:

(1)  If the minor or any person acting for him is represented by an
attorney, such attorney.

(2)  If the minor or any person acting for him is not represented by
an attorney, any defendant, insurer, or the State of Maryland under
the provisions of the Unsatisfied Claims and Judgment Fund Law.

SEC. 2. And be it further enacted, That this Act shall take effect
June 1, 1963.

Approved April 17, 1963.

 

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Session Laws, 1963
Volume 671, Page 429   View pdf image (33K)
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