ART. 93] SALES. 2133

Where an executor conveys property in accordance with section 81, he
need not obtain an order to sell under this section. Stewart v. Griffith, 217
U. S. 331.

This section applied. Crow v. Hubard, 62 Md. 563.

This section referred to in deciding that a third party (an executor de son
tort), can not pass title to a decedent's property, Rockwell v. Young, 60
Md. 568.

This section construed in connection with sections 287 and 290—see notes
thereto. Brooks v. Bergner, 83 Md. 354.

This section referred to in construing section 242—see notes thereto. Car-
lysle v. Carlysle, 10 Md. 447.

See sections 174, 285 and 287 and notes.

As to the preference of taxes In the proceeds of sales by ministerial officers,
see art. 81, sec. 68.

1904, art. 93, sec. 282. 1888, art. 93, sec. 277. 1860, art. 93, sec. 275.

1843, ch. 304, sec. 2.

285. If any executor or administrator shall sell or remove any
property without an order of the orphans' court, the orphans' court may
revoke his letters as soon as they are satisfied of such sale or removal
having take place, and appoint an administrator, whose duty it shall be
immediately to proceed to get possession of the property so sold or
removed; and the orphans' court may authorize the adrninistrator so
appointed by them to employ an attorney or attorneys to assist in the
recovery of said property and determine the amount of fees to be paid
therefor; and any cost or expense incurred in getting possession of said
property, ascertained and awarded to be paid by the said court, shall
be paid by the person or persons whose letters have been revoked, and
may be recovered by an action on his testamentary or administration
bond, at the suit of the newly appointed administrator.

Where an executor Invests money belonging to the estate In property which
he afterwards sells, such sale requires an order of court to make it valid. A
mortgage is "property" within the meaning of this section. Alexander v.
Fidelity Co., 108 Md. 546.

The act of an executor in transferring stock of the decedent to himself
and selling the same without order of court, justifies his removal. When an
executor may be removed. Levering v. Levering, 64 Md. 411.

Ibid. sec. 283. 1888, art. 93, sec. 278. 1860, art. 93, sec. 276. 1843, ch. 304, sec. 3.

286. Where there are two or more executors or administrators, and
the sale or removal has been made without the consent of all, the
revocation shall only extend to the person or persons so offending, and
the remaining executor or administrator shall have full power and
authority to discharge all the duties connected with his office as if no
revocation had been made.
See sec. 175.

Ibid. sec. 284. 1888, art. 93, sec. 279. 1860, art. 93, sec. 277.
1843, ch. 304. sec. 4.

287. Nothing contained in the three preceding sections shall be
construed to apply to any cases where an executor shall be authorized
by will of his testator to make sale of any property, without application
to the orphans' court.