TESTAMENTARY LAW. 2897

or intestate and the amount and description of stock intended to be trans-
ferred.

As to the uniform stock transfer act, see art. 23, sec. 51, et seq.

An. Code, sec. 80. 1904. sec. 79. 1888, sec. 80. 1844, ch. 184. 1845, ch. 391. 1847, ch. 230.
1849, ch. 447, sec. 4. 1874, ch. 483, sec. 106. 1918, ch. 31.

81. The provisions of this code imposing a tax on commissions of
domestic executors and administrators shall extend to such foreign execu-
tors or administrators; and the orphans' court of the county or city in
which the stock transferred is situated shall fix the commissions of such
foreign executor or administrator, who shall thereupon pay the tax thereon
to the register of such county or city. Any officer of the State of Maryland
or of the City of Baltimore, and any corporation incorporated under the
laws of this State, and any national hank in this State, who or which
transfers or permits to he transferred any stocks or debts by foreign execu-
tors or administrators in violation of the provisions of this Article shall
be subject to a penalty of not less than $50, nor more than $500, to be
recovered by the State for its own use.
See art. 81, sec. 119, et seq.

Conveyance of Real Estate.

An. Code, sec. 81. 1904, sec. 80. 1888. sec. 81. 1846, ch. 279, sec. 1. 1872, ch. 451.

1914, ch. 253.

82. The executor or administrator, including the administrator de bonis
non, of a person who shall have made sale of real estate and have died
before receiving the purchase money, or conveying the same, may convey
such real estate to the purchaser; and where any decedent shall have made
a sale or conveyance of any real or leasehold interest in lands or tenements
and shall have conveyed the same by a deed which deed is defective by
reason of erroneous recitals, improper or erroneous description of the
property sold and intended to be conveyed or is lacking in any matter of
form or execution required by law or in the acknowledgment thereof, or
for any other reason, the executor or administrator of such deceased person
may execute and deliver a confirmatory deed of such property, and his
deed shall be good and valid in law, and shall convey all the right, title,
claim and interest of such deceased person in such real estate as effectually
as the deed of such person so dying would have conveyed the same; and
in the case of deeds defective as aforesaid the confirmatory deed of such
executor or administrator shall be good and sufficient to convey all the
right, title, claim and interest of said grantor, and shall bind all persons
who would have been bound by the conveyance of such deceased person in
the same manner that they would be bound had such defective deed been
a good and sufficient deed to convey the real or leasehold estate intended
to be conveyed thereby; provided the executor or administrator of the person
so dying shall satisfy the Orphans' Court granting him administration that
the purchaser had paid the full amount of the purchase money.

In light of this section and sec. 106, an executor is entitled to require specific per-
formance of contract referred to in this section; a conveyance from executor could
not be questioned (provided price were paid), although no antecedent authority
were obtained. The proviso at end of this section creates condition subsequent only.
Stewart v. Griffith, 217 U. S. 331.
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