2138 TESTAMENTARY LAW. [ART. 93

sale by the orphans' court, and the payment in full of the purchase
money, and not before, the said trustee shall proceed to convey the title
of said intestate to said real estate in the same manner as trustees under
the appointment of circuit courts are now authorized to do; and the
said orphans' court may allow the same commissions to any trustee so
appointed as are now allowed to a trustee appointed to sell under a
decree in equity.

See notes to sec. 293.
See art 16, sec. 94.

1904, art. 93, sec. 292. 1888, art. 93, sec. 287. 1865, ch. 162, sec. 5.

295. For the purpose of ascertaining the value of said real estate,
they are hereby authorized to issue a warrant to appraisers in the man-
ner as indicated in sections 124-130 of article 81 of this code; and if,
upon the return of said appraisement it should exceed the sum of twenty-
five hundred dollars, the said orphans' court shall not proceed to order
said sales.

1906, ch. 534.

296. Whenever by any will hereafter probated or by any deed or
other instrument hereafter executed a power to sell, mortgage, lease or
otherwise dispose of real or personal estate shall be given to any one or
more trustees, executors or other fiduciary officers, such power, whether
discretionary or otherwise, shall be construed to be appurtenant to the
fiduciary office and shall pass to and be exercisable by any surviving
trustees, executor or other fiduciary, or by any successor in the office
however appointed, unless an intention to the contrary is expressly
declared in such will, deed or other instrument.
This section is a duplicate of art. 16, sec. 251.

1904, art. 93, sec. 293. 1888, art. 93, sec. 288. 1860, art. 93, sec. 281.
1828, ch. 174, sec. 1.

297. 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.

See notes to sec. 298.
See art. 16, sec. 251.

Ibid, sec. 294. 1888, art. 93, sec. 289. 1860, art. 93, sec. 282. 1828, ch. 174, sec. 1.

298. The remaining trustee or trustees appointed by said will, who
shall assent to act, shall be as fully capable and entitled to execute the