ART. 93.] TESTAMENTARY LAW. 681

280. In all cases where an executor may be authorized and
directed to sell the real estate of a testator, such executor may
sell and convey the same, and shall account therefor to the
Orphans' Court of the county where he obtained letters, in the
same manner that an executor is bound to account for the sales
of personal estate; and the Orphans' Court may allow such exe-
cutor a commission on the proceeds of such sale not less than two
nor more than ten per cent. But such sales shall not be valid or
effectual, unless ratified or confirmed by the said Orphans' Court
after notice by publication given in the same manner practised
in cases of sales of lands under decrees in equity; and the bond
of such executor shall be answerable for the proceeds of sales of
the real estate which may come into his possession, to the same
extent as if it were personal estate in his hands.

281. In all cases where two or more trustees have been or shall
be appointed by last will, to execute any trust with power on the
death of one or more of such trustees to the survivor or survivors,
to execute such trust, or to sell or dispose of, and convey any
lands, hereditaments or other property, or any estate or interest
therein devised to them jointly, if any one or more of such
trustees shall in writing signed by him or them, and attested by
a witness, relinquish or disclaim such trust, or refuse to act as a
trustee under such will, and deliver such writing to the Register
of Wills having charge of such will for record, the right of such
trustee or trustees so relinquishing, disclaiming or refusing to
act, shall thereupon cease and be determined.

282. The remaining trustee or trustees appointed by said will
who shall assent to act, shall be as fully capable and entitled to
execute the trusts under such will, and to make all deeds, and do
all necessary acts for that purpose as if the trustees so relin-
quishing, disclaiming or refusing to act had died, and the trustee
or trustees so assenting to act had survived him or them.

283. No such relinquishment, disclaimer or refusal to act by
any trustee, shall be construed to release or impair his right or
claim to any devise, legacy or bequest derived or bequeathed to
him by such will for his own use, unless such devise, legacy or
bequest shall be expressly declared in the will to be as a compen-
sation for his services as trustee.