810

LAWS OF MARYLAND.— 1T85.

securities until his order shall be fully complied with, and con-
tempts cleared.

By 1794, ch. 60, when a mortgagor has removed, and his situation cannot
be ascertained, or that of his representatives, the chancellor, on evidence
thereof, may decree a foreclosure or sale, on giving such public notice as he
shall deem necessary.

And appoint
a trustee to
sell, &c.

SEC. 4* And be it enacted, That if any person hath died, or
shall die, leaving real or personal estate to be sold for the pay-
ment of debts, or other purposes, and shall not, by will or other
instrument in writing, appoint a person or persons to sell or
convey the same property, or if the person or persons appointed
for the purpose aforesaid shall neglect or refuse to execute such
trust, or if such person or persons, or any of them, shall die
before the execution of such trust, so that the sale cannot be
made for the purposes intended, in every such case the chan-
cellor shall have full power and authority, upon application or
petition from any person or persons interested in the sale of such
property, to appoint such trustee or trustees for the purpose of
selling and conveying such property, and applying the money
arising from the sale to the purposes intended, as the chancellor
shall, in his discretion, think proper.

Chancellor
in certain
cases may
order a sale
of real
estate, &c.

SEC. 5. And be it enacted, That if any person hath died, or
shall hereafter die, without leaving personal estate sufficient to
discharge the debts by him or her due, and shall leave real
estate which descends to a minor, or person being idiot, lunatic,
or non compos mentis, or who shall afterwards become non
compos mentis, or shall devise real estate to a minor, or person
being idiot, lunatic, or non compos mentis, or who shall after-
wards become non compos mentis, the chancellor shall have
full power and authority, upon application of any creditor of
such deceased person, after summoning such minor, and his
appearance by guardian, to be appointed as aforesaid and hearing
as aforesaid, or after summoning the person being idiot, lunatic,
or non compos mentis, and his appearance by trustee, trustees
or committee, to be appointed as aforesaid, and hearing as afore-
said, and the justice of the claim of such creditor is fully estab-
lished, if, upon consideration of all circumstances, it shall appear
to the chancellor to be just and proper that such debts should
be paid by a sale of such real estate, to order the whole or part
of the real estate, so descending or devised, to be sold for the
payment of the debts due by the deceased.
By 1789, ch. 46, the chancellor shall have the same power to direct the
sale of lands in this state belonging to minors, residents of any other state.
Such notice to be given as the chancellor may direct. And by 1790, ch.
38, the chancellor may direct the sale of all lands and real property in this
state, or any remainder or reversion thereon dependent belonging to minors,
residents out of the state and the United States, for payment of debts due