34Y6 ARTICLE 93

This section has no application to a sale of mortgaged premises (for collection of
mortgaged debt) by executors of assignee of mortgage. Chilton v. Brooks, 71 Md. 451.
Cf. Williamson v. Morton, 2 Md. Ch. 102.

It is intimated that this section applies to sale of a mortgage by an executor by an
assignment thereof for private purposes. Williamson v. Morton, 2 Md. Ch. 102. Cf.
Chilton v. Brooks, 71 Md. 451.

This section has no application to sales made before its adoption; law prior thereto.
Seldner v. McCreery, 75 Md. 292; Mitchell v. Williamson, 6 Md. 216; Miller v. William-
son, 5 Md. 230; Lark v. Linstead, 2 Md. 427; Albert v. Savings Bank of Baltimore,
2nd 168; Lark v. Linstead, 2 Md. Ch. 167; Phippard v. Forbes, 4 H. & McH. 481.

Where an executor conveys property in accordance with sec. 83, he need not obtain
an order to sell under this section. Stewart v. Griffith, 217 U. S. 331.

This section applied. Crow v. Hubard, 62 Md. 563.

This section referred to in deciding that a third party (an executor de son tort)
cannot pass title to a decedent's property. Rockwell v. Young, 60 Md. 568.

This section construed in connection with secs. 298 and 301—see notes thereto. Brooks
v. Bergner, 83 Md. 354.

This section referred to in construing sec. 298—see notes thereto. Weinstein v. Boyd,
136 Md. 233.

This section referred to in construing sec. 251—see notes thereto. Carlysle v. Carlysle,
10 Md. 447.

Cited but not construed in Murray v. Hurst, 163 Md. 489.

See secs. 182, 296, 298 and 301 and notes.

Re. preference of taxes in proceeds of sales by ministerial officers, see art. 81, sec. 92.

An. Code, 1924, sec. 294. 1912, sec. 285. 1904, sec. 282. 1888, sec. 277. 1843, ch. 304, sec. 2.

296. If any executor or administrator shall sell or remove any prop-
erty without an order of the orphans' court, the orphans' court may revoke
his letters as soon as they are satisfied of such sale or removal having taken
place, and appoint an administrator, whose duty it shall be immediately
to proceed to get possession of the property so sold or removed; and the
orphans' court may authorize the administrator so appointed by them to
employ an attorney or attorneys to assist in the recovery of said property
and determine the amount of fees to be paid therefor; and any cost or
expense incurred in getting possession of said property, ascertained and
awarded to be paid by the said court, shall be paid by the person or persons
whose letters have been revoked, and may be recovered by an action on
his testamentary or administration bond, at the suit of the newly appointed
administrator.

Where an executor invests money belonging to estate in property which he after-
wards sells, such sale requires an order of court to make it valid. A mortgage is "prop-
erty" within meaning of this section. Alexander v. Fidelity Co., 108 Md. 546.

The act of an executor in transferring stock of decedent to himself and selling same
without order of court justifies his removal. When executor may be removed. Levering v.
Levering, 64 Md. 411.

An. Code, 1924, sec. 295. 1912, sec. 286. 1904, see. 283. 1888, sec. 278. 1843, ch. 304, sec. 3.

297. Where there are two or more executors or administrators, and the
sale or removal has been made without the consent of all, the revocation
shall only extend to the person or persons so offending, and the remaining
executor or administrator shall have full power and authority to discharge
all the duties connected with his office as if no revocation had been made.

Cited but not construed in Murray v. Hurst, 163 Md. 489.

See sec. 183.

An. Code, 1924, sec. 296. 1912, sec. 287. 1904, sec. 284. 1888, sec. 279. 1843, ch. 304, sec. 4.

1937, ch. 444.

298. Northing contained in the three preceding sections shall be con-
strued to apply to any cases where an executor shall be authorized by will
of his testator to make sale of any property, without application to any
Court, and the word "Court" shall be construed to include the Orphans'
Court.