ART. 93] SALES. 2137

the orphans' court of the several counties of the State and the city of
Baltimore, upon the application of such executor, administrator, admin-
istrator de bonis non, administrator with the will annexed, or adminis-
trator de bonis non with the will annexed, to pass an order requiring
such purchaser or purchasers to comply with said terms of sale, or show
good cause to the contrary, on or before a certain day to be limited in
said order; and upon failure to comply with such terms of sale, or
show good cause to the contrary on or before the day limited in such
order, it shall and may be lawful for the said orphans' courts to order a
re-sale of such real or leasehold estate at the risk and cost of the pur-
chaser or purchasers, or to enforce compliance of any order passed upon
such application by attachment.

If the property sells for a larger sum on the resale than on the first sale,

the defaulting purchaser is entitled to the excess after proper expenses are

deducted. Mealey v. Page, 41 Md. 183.
This section applied, notwithstanding au alleged Indebtedness of the estate

to the purchaser. Schwalleuberg v. Jennings, 43 Md. 559.
This section referred to in construing section 290—see notes thereto.

Warehime v. Graf. 83 Md. 102.
See art 16, sec. 224.

1004, art. 93. sec. 290 1888, art. 93, sec. 285. 1865, ch. 162, ch. 3. 1860, ch. 81.

293. The orphans' courts of the State shall have concurrent juris-
diction with the several circuit courts of this State, as courts of equity,
with like powers to adopt rules and regulations, so as to authorize and
direct the sales of real estate of intestates, where the appraised value of
said real estate shall not exceed the sum of twenty-five hundred dollars,
and to confirm and ratify said sales in the same manner as such sales
are confirmed and ratified by the several circuit courts of the State; as
courts of equity.

The jurisdiction of the orphans' court is limited and circumscribed. In
case of Intestacy the real estate descends to the heirs, and is not subject to
any order of the orphans' court. Brown v. Johns, 62 Md. 336. And see
Snively v. Beavans, 1 Md. 208; Hayden v. Burch, 9 Gill, 82; Stewart v. Pat-
tison, 8. Gill, 47.

A sale under this section can not be impeached collaterally for mere errors
or irregularities, such as the sale being made by the administrator Instead of
by the trustee. (See section 294.) Simpson v. Bailey, 80 Md. 422.

The court will not proceed under this section without making those who
are interested parties. A proceeding held not to be under this section Snoot
v. Munday, 90 Md. 703.

Cited but not construed in Nally v. Long, 56 Md. 569; Hill v. Hill, 38 Md.
183.

As to the appraisal of real estate, see art. 81, sec. 124.

Ibid. sec. 291. 1888, art. 93, sec. 286. 1865, ch. 162, sec. 4. 1868, ch. 366.

294. The orphans' courts shall have authority to appoint a trustee
to make such sales, which trustee may be the administrator or any
other person, in the discretion of the court, and who shall give bond
with security to be approved by the orphans' court or the register of
wills, and proceed with such sale in the manner usually practised in
the courts of equity in this State; and upon the ratification of such