Horace Gray, Thaw v. Falls — Opinion of the Court
“ It may be assumed that in Maryland, before 1798, the orphans' court had no authority to order a sale of a ward's real estate for any purpose, although the court of chancery was empowered by statute to direct a sale of an infant's land for the purpose of making partition, and perhaps had inherent authority to order a sale of an infant's real estate for his support and education. ”
Horace Gray, Thaw v. Falls — Opinion of the Court
“ The court of appeals of Maryland, in 1828, decided that the value of buildings constructed on the land of a ward by direction of his guardian, and under order of the orphans' court, at an expense exceeding the income of his estate, real and personal, could not be recovered from the ward, because section 10 of the act of 1798 did not empower the orphans' court to order any part of the principal of the ward's estate to be applied to any other purpose than his support and maintenance. ”
Horace Gray, Thaw v. Falls — Opinion of the Court
“ Whether the property to be sold or this purpose is personal or real, the application is to be made to the orphans' court, and the order granted by that court, in the first instance. In the case of personal property, no action of any other court is required. In the case of real estate, the order of sale, after being passed by the orphans' court, must be presented to and approved by the court of chancery or the general court ”
