TESTAMENTARY LAW. 2977

any party interested, to appoint an administrator de bonis non, with the
will annexed, or to empower the administrator with the will annexed,
previously appointed, to execute the trusts of said will in the same man-
ner and to the same extent as the executor or executors appointed by will
could or might do.

This section applies where a man who is named executor in a will dies after testa-
tor, but before the will has been probated. Hence a power of sale given to such
executor vests in administrator d. b. n. appointed by orphans' court after former's
death. Sale upheld. Purpose and scope of this section. Effect of probate of a will.
Title of executor and administrator contrasted. Murray v. Conley, et al., 124
Md. 220.

Where a will directs executor to sell real estate upon death of life tenant but the
executor is removed during life of life tenant, upon latter's death orphans' court has
jurisdiction under this section, but jurisdiction of equity under art. 16, sec. 97, is
not interfered with, and jurisdiction first invoked prevails. Wright v. Williams, 93
Md. 69.

This section confers upon administrator c. t. a. all power and authority to sell
which original executor derived from will. Bay v. Posner, 78 Md. 48; Venable v.
Mercantile Trust, etc., Co., 74 Md. 189.

The section has no application if executor dies in lifetime of testator and hence
power of sale never vests. Wilcoxon v. Reese, 63 Md. 545.

This section applied. Snook v. Munday, 90 Md. 703; Keplinger v. Maccubbin,
58 Md. 211.

This section referred to in construing sec. 299—see notes thereto. Warehime v.
Graf, 83 Md. 101.
See notes to sec. 299.

An. Code, sec. 292. 1904, sec. 289. 1888, sec. 284. 1865, ch. 162, sec. 2. 1870, ch. 82.

301. In all cases of sales of real and leasehold estate heretofore made
or hereafter to be made by any executor, administrator, administrator
de bonis non, administrator with the will annexed, or administrator de
bonis non with the will annexed, and the purchaser or purchasers shall
fail, neglect or refuse to comply with terms of sale as reported to and
ratified by the court, it shall and may be lawful for the orphans' court
of the several counties of the State and the city of Baltimore, upon the
application of such executor, administrator, administrator de bonis non,
administrator with the will annexed, or administrator de bonis non with
the will annexed, to pass an order requiring such purchaser or purchasers
to comply with said terms of sale, or show good cause to the contrary, on
or before a certain day to be limited in said order; and upon failure to
comply with such terms of sale, or show good cause to the contrary on or
before the day limited in such order, it shall and may be lawful for the
said orphans' courts to order a re-sale of such real or leasehold estate at
the risk and cost of the purchaser or purchasers, or to enforce compliance
of any order passed upon such application by attachment.

If property sells for a larger sum on resale than on first sale, defaulting purchaser
is entitled to excess after proper expenses deducted. Mealey v. Page, 41 Md. 183.

This section applied, notwithstanding an alleged indebtedness of the estate to the
purchaser. Schwallenberg v. Jennings, 43 Md. 559.

This section referred to in construing sec. 299—see notes thereto. Warehime v.
Graf, 83 Md. 102.

See art. 16, sec. 239.

An. Code, sec. 293. 1904, sec. 290. 1888, sec. 285. 1865, ch. 162, ch. 3. 1866, ch. 81.

302. The orphans' courts of the State shall have concurrent jurisdic-
tion with the several circuit courts of this State, as courts of equity, with