2898 ARTICLE 93.

The act of 1846, ch. 279, does not confer jurisdiction upon orphans' court to de-
termine controversies in regard to sales of real estate by testators or intestates.
Proof of payment of purchase money is a condition precedent to exercise of power
conferred by this section. How payment of the purchase money may be proved.
Failure of proof. Title is derived from executor's deed, and not from order of court.
Grant Coal Co. v. Clary, 59 Md. 444.

Purpose of this section. Kingan Packing Co. v. Lloyd, 110 Md. 626...

An. Code, sec. 82. 1904, sec. 81. 1888, sec. 82. 1849, ch. 37.

83. The provisions of the foregoing section shall extend to all cases
where administration may have been granted by the proper authority in the
District of Columbia; and in all such cases the application to procure such
deed shall be made to the orphans' court of the city or county where the
land sought to be conveyed is situate.
See notes to sec. 77.

An. Code, sec. 82A. 1914, ch. 501.

84. Whenever the title to any real or leasehold estate arising under any
lease for more than seven years, or any other right, title, interest or estate
in such real or leasehold estate shall pass under a domestic or foreign will
hereafter probated elsewhere than in the county or city in the State of
Maryland in which such real or leasehold estate is situated, a certified copy
of such will and of the order admitting the same to probate shall be recorded
and indexed at the expense of the estate of the testator in the office of the
register of wills of the county or city in Avhich the said real estate or lease-
hold estate is situated; the copy of the will and order shall be certified from
the court or office in which the will was probated, whether domestic or
foreign. Nothing herein contained shall be construed to dispense with the
necessity of ancillary administration upon any leasehold estate held by a
non-resident of Maryland. In all cases of titles passing under wills here-
after probated of which copies are not recorded in the method above
provided, no purchaser shall be required to take title to such real or leasehold
estate, whether sold under judicial proceedings or otherwise until the
provisions of this section be complied with.

Debts.

An. Code, sec. 83. 1904, sec. 82. 1888, sec. 83 1798, ch. 101, sub-ch. 8, sec. 22.

85. No administrator shall discharge any claim against his decedent
(otherwise than at his own risk), unless the same be first passed by the
orphans' court granting the administration, or unless the said claim shall
be proved according to the following rules.1

If a claim is duly passed by orphans' court and the administrator has no reason to
question its validity, he is protected in making payment without exacting proof pre-
scribed by this section. Newcomer v. Beeler, 116 Md. 650.

Under this and the following sections, particularly sec. 99, claims against decedent
not passed or proven cannot be allowed. Where such defects exist, executors and
administrators should have opportunity to correct them, if they can. Parker v.
Leighton, 131 Md. 419.

A bona fide payment by administrator of a claim after it has been passed by court
relieves him from liability. Connor v. Ogle, 4 Md. Ch. 449; Owens v. Collinson, 3
G. & J. 38.

1 As to the objects of secs. 85 to 99 relative to payment of claims when they are ex-
hibited with proper vouchers, see Bowie v. Ghiselin, 30 Md. 557.