378 CHANCERY. [AET. 16

The court may appoint the trustee upon the ex parte petition of any person
interested in the property; appointment valid. Kennard v. Bernard. 98 Md.
518. And see Offutt v. Jones, 110 Md. 238 (note modification after re-argu-
ment); Sloan v. Safe Deposit Co.. 73 Md. 245; Cowman v. Colquhoun, 60
Md. 136; Fulton v. Harman, 44 Md. 266; Dorsey v. Thompson, 37 Md. 46.

Although application under this section is always made ex parte, yet if the
object be to pay debts, it is treated in all subsequent proceedings as a cred-
itor's suit. Hammoud v. Hammond, 2 Bl. 320.

It is not necessary that all of the heirs should unite in the application for
a sale of the decedent's property. Where the parties do not pray for a sale
of certain property, and the decree does not authorize its sale, a sale of such
property is a nullity, although ratified by the court. Shriver v. Lynn, 2
How. 43.

This section referred to in discussing statutory authority for the repre-
sentation of absent persons in equity proceedings. The constitutionality of
this section has never been called in question, and it confers upon equity
courts power and Jurisdiction which they did not formerly have. Kingau
Packing Co. v. Lloyd, 110 Md. 626.

The appointment of a trustee held not to have been made under this sec-
tion, the time for sale not having arrived; and hence, a power of sale did
not vest in such trustee. At a later period it would have been competent to
have appointed a trustee under this section, save for the act of 1865, ch. 162
—see article 93, section 291. Keplinger v. Maccubbin. 58 Md. 210.

The appointment of the trustee named in the will as trustee for the sale
of property under this section, invests him with all the power, and imposes
upon him all the obligations in the will. Conner v. Ogle, 4 Md, Ch. 448;
Deakins' Case. 2 Bl. 404.

This section does not affect the power of sale of an executor under a will,
nor such authority as he derives by Implication. Magruder v. Peter, 11 G.
& J. 230.

Since this section requires the court to distribute the proceeds of sale to
the parties entitled, in a proceeding under this section, where a deed under
which a wife and minor children claim is filed as an exhibit, it Is not
necessary that their claims should be presented by next friends. Hewitt's
Appeal, 55 Md. 517.

This section referred to in upholding the general powers of equity to
appoint a trustee where there Is need of one. Dodge v. Dodge, 109 Md. 168.
And see Dorsey v. Thompson. 37 Md. 26; Davis v. Clabaugh, 30 Md. 510.

Cited but not construed in Jones v. Stockett, 2 Bl. 435; Ex parte Street, 1
Bl. 532; Mackubin v. Brown, 1 Bl. 410.

As to trustees, see sec. 232, et scr/.

1904. art. 1(1 sec. 01. 1888. art. 16. sec. 80. 1860. art. 16, sec. 67.
1785, ch. 72, sec. 13. 1826, ch. 159.

95. In all cases where the court shall decree that a deed of any kind
shall be executed, a trustee to execute such deed may be appointed, and
until such trustee shall execute a deed, the decree itself, if passed1 in
the county where the land lies, shall have the same effect that the deed
would if executed; but if passed in another county, the decree shall
have that effect if recorded in the county where the land lies within six
months from the date thereof.

Under this section, the court can direct the conveyance of an estate or
the transfer of a right, but not the making of personal covenants in the
absence of the parties to be bound and their privies. Hence, the court may
appoint a trustee to execute a renewal of a lease for 90 years, the owners
of the reversion being non-residents, but the non-residents can not be bound
by any personal covenant such as one for renewal. Specific performance.
Worthington v. Lee, 61 Md. 541. And see Hollander v. Central Metal Co.,
109 Md. 148 (note sections 108 and 109).

This section has no application where a trustee sells property under a
decree, but. although the sale is ratified and the purchase price paid, fails to
execute & deed to the purchaser. Sanders v. McDonald, 63 Md. 508.