2972 ARTICLE 93.

under oath that the said services have been performed; that he has received
the full sum therein charged to his own use and benefit, and that he has
not paid, deposited or assigned, nor contracted to pay, deposit or assign,
any part of such compensation to the use of any person, nor in any way,
directly or indirectly, paid or given, nor contracted to pay or give, any
reward or compensation for his office or employment, or the emoluments
thereof, and such registers of wills are hereby authorized to appoint such
assistant clerks and deputies, and when duly qualified as such said assis-
tant clerks and deputies shall have the power and authority to act in the
place and stead of the register of wills; and all such acts heretofore per-
formed by any such assistant clerk or deputy are hereby expressly ratified
and confirmed as if they had been performed by the register of wills in
person.

This section cited in connection with the powers of a deputy register. Maynadier
v. Armstrong, 98 Md. 177.
As to the fees chargeable by a register of wills, see art. 36, sec. 29.

Sales.

An. Code, sec. 281. 1904, sec. 278. 1888, sec. 274. 1798, ch. 101, sub-ch. 8, sec. 3.

290. In case any executor or administrator shall not have money suf-
ficient to discharge the just debts of and claims against the decedent, the
orphans' court granting the letters shall, on his application made after
the return of an inventory, direct a sale of the whole property therein, con-
tained, or of such part, or to such an amount as the court may think proper;
and the court shall direct the manner and terms of sale; provided, that
no credit exceeding twelve months be given, and that where credit is given,
bond with security shall be taken; the court shall have power, in case it
shall suspect any fraud, collusion, connivance or improper management
to affect the sale, or that it was unreasonably made, or that the property
was sold much under its value, to compel the said executor or administrator
to account for all such deficiencies as may have arisen by his misconduct,
the court always observing the inventory as their rule for ascertaining
such deficiency.

Equity has concurrent jurisdiction with orphans' court to set aside a sale on
ground of fraud, though it has been ratified. Conway v. Green, 1 H. & J. 152.

An order of court directing a sale to pay debts must be complied with by execu-
tor, and he cannot make decedent's property his own by paying the debts. Hall v.
Griffith, 2 H. & J. 483. And see Haslett v. Glenn, 7 H. & J. 22.

This section referred to as showing recognition that some latitude or discretion
in orphans' court must necessarily be allowed. Lowe v. Lowe, 6 Md. 357.

An. Code, sec. 282. 1904, sec. 279. 1888, sec. 275. 1798, ch. 101, sub-ch. 8, sec. 4.

291. The court shall have power to direct a sale as aforesaid, in case
it shall deem a sale advantageous for the persons interested in the adminis-
tration, either ex officio or on application of any of the said persons.

A sale directed by the orphans' court held to have been authorized by this section.
Crawford v. Blackburn, 19 Md. 42.

This section referred to as showing recognition that some latitude or discretion
in orphans' court must necessarily be allowed. Lowe v. Lowe, 6 Md. 357.