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The Annotated Code of the Public Civil Laws of Maryland, 1911
Volume 372, Page 516   View pdf image (33K)
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516 CONVEYANCING. [ART. 21

heirs or personal representatives, will, at any time, upon any reasonable
request, at the charge of the grantee, his heirs or assigns, do, execute
or cause to be done and executed, all such further acts, deeds and things,
for the better, more perfectly and absolutely conveying and assuring
the lands and premises hereby conveyed, or intended so to be, unto the
grantee, his heirs and assigns, in manner aforesaid, as by the grantee,
his heirs and assigns, or his or their counsel, learned in the law, shall
be reasonably devised, advised or required.

1904, art. 21, sec. 78. 1888, art. 21, sec. 77. 1864, ch. 252, sec. 9.

80. All deeds which have been heretofore executed in pursuance
of the provisions contained in the eight preceding sections shall be as
valid and effectual as if the covenants in said deeds had been expressed
therein, in full.

Ibid. sec. 79. 1888, art. 21, sec. 78. 1872, ch. 451.

81. All deeds of conveyance heretofore or hereafter duly exe-
cuted, acknowledged and recorded according to law, among the
land records in any county in this State, by executors of
the last will and testament, executed with the formalities required
for the passing of real estate by the laws of this State, and proved
according to law, of any non-resident testator, conveying lands lying in
said county, shall he as valid and effectual in law and equity as if made
by executors under last will and testament, duly executed, proved and
recorded in the office of the register of wills in this State, for lands,
lying therein, and whose sales of real estate under the authority of said
will were duly made and reported to and ratified by an orphans' court
in this State; provided, that an authenticated copy of the said last will
and testament shall have been filed and recorded in the office of the
register of wills of the county where the lands lie; and provided further,
that full authority was given by the said last will and testament to the
executors to sell and convey the said real estate.

The executor of a non-resident testator is not required to report sales of

land to the orphans' court of the county where the land is located. Smith v.

Montgomery, 75 Md. 139 (explaining Norment v. Brydon, 44 Md. 112).

The essentials of the jurisdiction of the orphans' court over the sale of

land under this section owned by a non-resident testator, set out, and held

not to have been complied with, Norment v. Brydon, 44 Md. 115. And see

Smith v. Montgomery, 75 Md. 139.

This section held to have no application to the question of the validity

in Maryland of a will executed in a foreign country according to the laws of

that country. Lindsay v. Wilson, 103 Md. 268.
See art 93, sections 290 and 354.

Defective Conveyances.

Ibid. sec. 80. 1888, art 21, sec. 79. 1880, ch. 256, sec. 1

82. All deeds, mortgages and other conveyances, made and executed
in the State of Maryland since the twenty-second day of March, in the
year eighteen hundred and sixty-seven, which were executed and
acknowledged before any justice of the peace duly commissioned and

 

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The Annotated Code of the Public Civil Laws of Maryland, 1911
Volume 372, Page 516   View pdf image (33K)
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