2132 TESTAMENTARY LAW. [ART. 93

An order of court directing a sale to pay debts must be complied with by
the executor, and he can not make the decedent's property his own by paying
the debts. Hall v. Griffith, 2 H. & J. 483. And see Haslett v. Glenn, 7 H. &
J. 22.

This section referred to as showing a recognition that some latitude or dis-
cretion in the orphans' court must necessarily be allowed. Lowe v. Lowe,
6 Md. 357.

1904, art. 93, sec. 279. 1888, art. 93, sec. 275. 1860, art. 93, sec. 273.
1798, ch. 101, sub-ch. 8, sec. 4.

282. The court shall have power to direct a sale as aforesaid, in
case it shall deem a sale advantageous for the persons interested in the
administration, either ex officio or on application of any of the said
persons.

A sale directed by the orphans' court, held to have been authorized by this
section. Crawford v. Blackburn, 19 Md. 42.

This section referred to as showing a recognition that some latitude or dis-
cretion in the orphans' court must necessarily be allowed. Lowe v. Lowe,
6 Md. 357.

Ibid. sec. 280. 1900, ch. 605, sec. 275 A.

283. The court shall also have the power to direct a sale of any
part of the personal estate of a decedent, on a application of an adminis-
trator or executor, whenever it shall appear thereby, or upon such
further proof as the court may require, that a sale is advantageous
to the persons interested in said estate.

1904, art. 93, sec. 281. 1888, art. 93, sec. 276. 1860, art. 93, sec. 274. 1843, ch.

304, sec. 1. 1906, ch. 537.

284. No executor or administrator shall sell any property of his
decedent without an order of the orphans' court granting his letters
being first had and obtained authorizing such sale; and any sale made
without an order of court previously had as aforesaid shall be void,
and no title shall pass thereby to the purchaser; provided, however, that
all sales of leasehold property heretofore made by executors or admin-
istrators without a previous order of the orphans' court authorizing
the same, but which have been duly reported to and finally ratified by
said orphans' court, shall be valid to all effects and purposes as if such
previous order had been obtained.

This section referred to in deciding that a corporation was liable for
improperly transferring stock which stood on its books in the name of an
executor. Marbury v. Fh'en, 72 Md. 215. And see Stewart v. Firemen's
Ins. Company, 53 Md. 579.

This section has no application to a sale of mortgaged premises (for the
collection of the mortgage debt) by the executors of the assignee of the mort-
gage. Chllton v. Brooks. 71 Md. 451. Cf. Williamson v. Morton, 2 Md.
Ch. 102.

It is intimated that this section applies to the sale of a mortgage by an
executor by an assignment thereof for private purposes. Williamson v. Mor-
tar. 2 Md. Ch. 102. Cf. Chilton v. Brooks, 71 Md. 451.

This section has no application to sales made before its adoption; law
prior thereto. Seldner v. McCreery, 75 Md. 292; Mitchell v. Williamson. 6
Md. 216; Miller v. Williamson. 5 Md. 230; Lark v. Linstead, 2 Md. 427;
Albert v. Savings Bank of Baltimore, 2 Md. 168; Lark v. LInstead, 2 Md.
Ch. 167; Phlppard v. Forbes, 4 H. & McH. 481.