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The Annotated Code of the Public Civil Laws of Maryland, 1911
Volume 372, Page 2134   View pdf image (33K)
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2134 TESTAMENTARY LAW. [ART. 93

The mere direction in a will that property be sold does not do away with
the necessity of procuring an order of the orphans' court under section 284.
To make a sale without such order valid, the will must expressly so provide.
Brooks v. Bergner, 83 Md. 354.

Cited but not construed in Alexander v. Fidelity Co., 108 Md. 546.

See sec. 176.

1904, art. 93, sec. 285. 1888, art. 93, sec 280. 1860, art. 93, sec. 278.
1845, ch. 357, secs. 1, 2.

288. The coarse provender, including under that denomination only
corn tops, corn shucks, wheat, oats and rye straw, that may be at the
time of sale on the farm or lands of any person dying within this State,
shall not be sold by the administrator, but shall be left upon the farm
for the use thereof; provided, the person so dying shall leave issue or
relations who may inherit the said lands from him, or a devisee to whom
he may have devised the same.

Ibid. sec. 286. 1888, art. 93, sec. 281. 1860, art. 93, sec. 279. 1798. ch.
101, sub-ch. 6, sec. 12. 1807, ch. 136. sec. 1.

289. An administrator shall either finish the crop on hand at the
death of the decedent, or sell the same, as he shall judge the most con-
venient; and in case he shall not deem it convenient to finish the crop,
the person entitled to the land on the death of the decedent, or his guar-
dian, or next friend for him, in case of infancy of the party, may take
the said crop at the appraisement of the appraisers, paying ready
money, or giving bond with good security, ppproved by the orphans'
court or the register of wills, if the said court shall not be in session at
the time of making such sale, foi paying the money within six months;
and in case the said party or his guardian shall not take the crop at the
appraisement, the administrator may sell the same to any other person
for ready money, or on credit, as aforesaid; provided, that he shall not
sell it at less than the appraised value without the approbation of the
orphans' court granting the administration, or an order prescribing
the terms by the said court passed as aforesaid.

As to growing crops being assets in the hands of an administrator, see
sec. 224.

Ibid. sec. 287. 1888, art 93. sec. 282. 1860, art. 93, sec. 280. 1831. ch 315. secs.
10, 11. 1833, ch. 262. 1865, ch. 51. 1884, ch. 426.

290. In all cases where an executor may be authorized and directed
to sell the real estate of a tastator, 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 executor a commission on the proceeds of such
sale, not less than two nor more than ten per cent.; but such sale shall
not be valid or effectual unless ratified and confirmed by the orphans'
court, after notice by publication given in the same manner as prac-
tised in cases of sales of lands under decrees in equity; and the bond
of such executor shall bo answerable for the proceeds of sales of the
real estate which may come into his possession, to the same extent as

 

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The Annotated Code of the Public Civil Laws of Maryland, 1911
Volume 372, Page 2134   View pdf image (33K)
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