472 ARTICLE 16.

lects or refuses to execute such trust, the court, upon the petition of any
person interested in the sale of such property, may appoint a trustee to sell
and convey the same, and apply the money arising from the sale to the pur-
poses intended.

Application of this section.

This section applied where the persons directed to sell real estate upon a certain
contingency, are dead when the contingency happens. Noble v. Bernie, 105 Md. 80.

This section applied where a testator directed his real estate to be sold and the
proceeds to be disposed of in a certain manner, but did not provide how the sale
should be made. If he appoints no executor, the sale can be legally authorized only
under this section. Baumeister v. Silver, 98 Md. 422. And see Wilcoxon v. Reese,
63 Md. 546.

This section applied where lands are devised to be sold for payment of debts,
and no trustee is named in will. Magruder v. Peter, 4 G. & J. 330.

This section has no application where a testator bequeaths money to a trustee to
be invested, and the interest applied to the support of his son for life. Offutt v.
Jones, 110 Md. 240. And see Hawkins v. Chapman,'36 Md. 97; Winder v. Diffen-
derffer, 2 Bl. 172, note (g).

Upon the ex parte petition of any person interested in a trust estate, the court
will appoint a trustee in place of a deceased trustee, this section being applicable.
Jencks v. Safe Deposit & Trust Co., 120 Md. 631.

Generally.

The jurisdiction of equity under this section is concurrent with that of the orphans'
court under art. 93, sec. 300, and the jurisdiction first invoked, prevails. Wright v.
Williams, 93 Md. 69; Noble v. Birnie, 105 Md. 80.

Decree and sale upheld under this section. Cases of concurrent jurisdiction of
orphans' court and equity, court, to direct a sale, not directly in point. Parties.
Irregularities not jurisdictional. Forbes v. Littell, 138 Md. 214.

Where a substituted trustee has been properly appointed under this section and
the court has jurisdiction, a mere irregularity in the proceedings will not sustain
exceptions to the sale on the purchaser's appeal. Saml. Ready School v. Safe Dep. &
Trust Co., 121 Md. 518.

Trusts of real estate upon the trustee's death devolve upon his heir under art. 46,
sec. 5, for the preservation of the title until the appointment of a new trustee by an
equity court under its general powers under this section. Weller v. Kolb, 128 Md. 226.

The court may appoint the trustee upon the ex parte petition of any person
interested in the property; appointment valid. Kennard v. Bernard, 98 Md. 518.
And see Offutt v. Jones, 110 Md. 238 (note modification after re-argument) ; Sloan v
Safe Degpsit Co., 73 Md. 245; Cowman v. Colquhoun, 60 Md. 136; Fulton v. Har-
man, 44 Md. 266; Dorsey v. Thompson, 37 Md. 46.

Although application under this section is always made ex parte, yet if the object
be to pay debts, it is treated in all subsequent proceedings as a creditor's suit.
Hammond v. Hammond, 2 Bl. 320.

It is not necessary that all the heirs should unite in application for a sale of the
decedent's property. Where the parties do not pray for a sale of certain property,
and the decree does not authorize its sale, a sale of such property is a nullity,
although ratified by the court. Shriver v. Lynn, 2 How. 43.

This section referred to in discussing statutory authority for the representation
of absent persons in equity proceedings. The constitutionality of this section has
never been called in question, and it confers upon equity courts power and jurisdic-
tion which they did not formerly have. Kingan Packing Co. v. Lloyd, 110 Md. 626.

The appointment of a trustee held not to have been made under this section, the
time for sale not having arrived; and hence a power of sale did not vest in such
trustee. At a later period it would have been competent to have appointed a trustee
under this section, save for the act of 1865, ch. 162—see art. 93, sec. 300. Keplinger v.
Maccubbin, 58 Md. 210.

The appointment of the trustee named in the will as trustee for the sale of property
under this section, invests him with all the power, and imposes upon him all the
obligations in the will. Conner v. Ogle, 4 Md. Ch. 448; Deakins' Case, 2 Bl. 404.

This section does not affect the power of sale of an executor under a will, nor
such authority as he derives by implication. Magruder v. Peter, 11 G. & J. 239.