2976 ARTICLE 93.

This section has no application unless executor is authorized to sell real estate.
Alther v. Barroll, 22 Md. 510. And see Dent v. Maddox, 4 Md. 530.

This section has no application to a sale made before it became operative. Harlan
v. Brown, 2 Gill, 479.

Executor is quasi trustee.

. In sales under this section the executors are quasi trustees. They are entitled to
nothing more than their commission. If by dealing with assets the executors make
a profit, they must account to cestui qui trusts. Gephart v. Strong, 20 Md. 527.

This section has no application unless executor is authorized to sell. Such author-
ization is a naked trust for fulfillment of which executor is subject to control of
orphans' court. Alther v. Barroll, 22 Md. 510.

Ratification of sale.

In passing upon ratification of sale, orphans' court has jurisdiction to determine
whether will gives executor power to sell. Ogle v. Reynolds, 75 Md. 151.

If an order of ratification has been procured by fraud or misrepresentation, or-
phans' court has power to rescind within a reasonable time and under proper cir-
cumstances. Montgpmery v. Williamson, 37 Md. 427.

Generally.

Sec. 293 has no application to real estate directed to be sold as provided in this
section. Brooks v. Bergner, 83 Md. 354.

A sale under this section is a judicial one and the statute of frauds has no appli-
cation. Warehime y. Graf, 83 Md. 101.

When sale is ratified by orphans' court, it stands in respect to its enforcement in
other tribunals on same footing as an. ordinary contract of sale, orphans' court hav-
ing no power to enforce its execution. Carter v. Von Bokkelen, 73 Md. 179.

The jurisdiction of orphans' court extends no further than confirming or rejecting
sale; it does not include adjusting of equities resulting from vacating sale. Eichel-
berger v. Hawthorne, 33 Md. 595.

This section does not interfere with concurrent jurisdiction of equity. Wright v.
Williams, 93 Md. 69; Ogle v. Reynolds, 75 Md. 151; Keplinger v. Maccubbin, 58
Md. 212; Long v. Long, 62 Md. 77 (dissenting opinion).

Where an executor is authorized by will to sell real estate no order of court need
be passed to enable him to execute such power. The sale must be reported to and
ratified by court. This section contrasted with sec. 293. Lochary v. Corrigan, 132
Md. 373.

Object of this section. It applies to all cases where an executor is authorized to
sell real estate. The executor represents all parties in interest. Dent v. Maddox,
4 Md. 530. And see Maddox v. Dent, 4 Md. Ch. 549.

Prior to act of 1831, ch. 315, the executor's bond was not liable for proceeds of
real estate sold for payment of debts; equity alone could administer equitable assets.
Cornish v. Wilson, 6 Gill, 334; Waring v. Waring, 2 Bl. 677.

This section referred to in construing the act of 1831, ch. 315—see notes to sec.
360. Warford v. Colvin, 14 Md. 556.

This section referred to in construing sec. 300—see notes thereto. Wright v. Wil-
liams, 93 Md. 69.

This section referred to in construing art. 21, sec. 83—see notes thereto. Smith v.
Montgomery, 75 Md. 140.

Cited but not construed in Davis v. Clabaugh, 30 Md. 510.

For curative statute involving sales under wills of non-residents, see art. 21, sec. 83.

As to the writ of habere facias possessionem in cases of sales made under a power
contained in a will, see art. 75, sec. 99.

See art. 16, secs. 96 and 267, and notes to sec. 300 (this article).

An. Code, sec. 291. 1904, sec. 288. 1888, sec. 283. 1865, ch. 162, sec. 1.

300. In all cases in which a testator, by will, has directed his real es-
tate to be sold for the payment of debts, or for any other purpose, and the
executor or executors therein named shall refuse or decline to act, or shall
die without executing the powers vested in him or them, it shall and may
be lawful for the several orphans' courts of this State, upon petition of