TESTAMENTARY LAW. 2979

dispose of real or personal estate shall be given to any one or more trustees,
executors or other fiduciary officers, such power, whether discretionary or
otherwise, shall be construed to be appurtenant to the fiduciary office and
shall pass to and be exercisable by any surviving trustees, executor or
other fiduciary, or by any successor in the office however appointed, unless
an intention to the contrary is expressly declared in such will, deed or
other instrument.

Co-executors are in law one individual person; the acts of one relative to admin-
istration are acts of all and possession of one is possession of all. Powers and duties
of executors which remain unexecuted and unfulfilled pass to surviving executor.
Eights of a surviving executor against executor of his co-executor. Crothers v.
Crothers, 121 Md. 118.
See notes to sec. 11.
This section is a duplicate of art. 16, sec. 267.

An. Code, sec. 297. 1904, sec. 293. 1888, sec. 288. 1828, ch. 174, sec. 1.

306. In all cases where two or more trustees have been or shall be ap-
pointed by last will to execute any trust, with power on the death of one
or more of such trustees to the survivor or survivors, to execute such trust,
or to sell or dispose of, and convey any lands, hereditaments or other
property, or any estate or interest therein devised to them jointly, if any
one or more of such trustees shall in writing, signed by him or them, and
attested by a witness, relinquish or disclaim such trust, or refuse to act
as a trustee under such will, and deliver such writing to the register of
wills having charge of such will for record, the right of such trustee or
trustees so relinquishing, disclaiming or refusing to act shall thereupon
cease and be determined.

See notes to sec. 307.

See art. 16, sec. 267.

An. Code, sec. 298. 1904, sec. 294. 1888, sec. 289. 1828, ch. 174, sec. 1.

307. The remaining trustee or trustees appointed by said will, who
shall assent to act, shall be as fully capable and entitled to execute the
trusts under such will, and to make all deeds and do all necessary acts
for that purpose, as if the trustees so relinquishing, disclaiming or refus-
ing to act had died, and the trustee or trustees so assenting to act had sur-
vived him or them.

This and the preceding section applied. Druid Park Heights Co. v. Oettinger, 53
Md. 61.
See notes to sec. 300.

An. Code, sec. 299. 1904, sec. 295. 1888, sec. 290. 1828, ch. 174, sec. 1.

308. No such relinquishment, disclaimer or refusal to act by any trus-
tee shall be construed to release or impair his right or claim to any devise,
legacy or bequest derived or bequeathed to him by such will for his own
use, unless such devise, legacy or bequest shall be expressly declared in
the will to be as a compensation for his sendees as trustee.

An. Code, sec. 300. 1904, sec. 296. 1898, ch. 499, sec. 290A. 1900, ch. 74.

309. Whenever a sale of real or leasehold estate is made under the
authority of the orphans' court, or under power contained in a will, and