TESTAMENTARY LAW 3477

Secs. 292-298 cited in Goldsborough v. DeWitt, 171 Md. 244.

The words "without application to orphans' court" must be expressed by testator in
his will in connection with power of sale, to authorize a sale without an order of orphans'
court. Even if an executor has power to sell without an order of court, he may ask
approval of court before selling, and only doubt about his right to submit sale to court
for ratification is right of purchaser to rely upon power of sale given by will. Report
of sale made and order nisi published at instance of purchaser. Jurisdiction upheld.
Weinstein v. Boyd, 136 Md. 233.

The mere direction in a will that property be sold does not do away with necessity
of procuring order of orphans' court under sec. 295. To make a sale without such order
valid, will must expressly so provide. Brooks v. Bergner, 83 Md. 354.

Cited but not construed in Alexander v. Fidelity Co., 108 Md. 546.

See sec. 184 and notes to sec. 295.

An. Code, 1924, sec. 297. 1912, sec. 288. 1904, sec. 285. 1888, sec. 280. 1845,

ch. 357, secs. 1, 2.

299. The coarse provender, including under that demonination only
corn tops, corn shucks, wheat, oats and rye straw, that may be at the time
of sale on the farm or lands of any person dying within this State, shall
not be sold by the administrator, but shall be left upon the farm for the
use thereof; provided, the person so dying shall leave issue or relations
who may inherit the said lands from, him, or a devisee to whom he may
have devised the same.

An. Code, 1924, sec. 298. 1912, sec. 289. 1904, sec. 286. 1888, sec. 281. 1798, ch. 101,
sub-ch. 6, sec. 12. 1807, ch. 136, sec. 1.

300. An administrator shall either finish the crop on hand at the death
of the decedent, or sell the same, as he shall judge the most convenient;
and in case he shall not deem it convenient to finish the crop, the person
entitled to the land on the death of the decedent, or his guardian, or next
friend for him, in case of infancy of the party, may take the said crop at
the appraisement of the appraisers, paying ready money, or giving bond
with good security, approved by the orphans' court or the register of wills,
if the said court shall not be in session at the time of making such sale,
for paying the money within six months; and in case the said party or his
guardian shall not take the crop at the appraisement, the administrator
may sell the same to any other person for ready money, or on credit, as
aforesaid; provided, that he shall not sell it at less than the appraised value
without the approbation of the orphans' court granting the administration,
or an order prescribing the terms by the said court passed as aforesaid.

Growing crops are assets in the hands of an administrator—see sec. 231.

An. Code, 1924, sec. 299. 1912, sec. 290. 1904, sec. 287. 1888, sec. 282. 1831, ch 315
secs. 10, 11. 1833, ch: 262. 1865, ch. 51. 1884, ch. 426.

301. In all cases where an executor may be authorized and directed
to sell the real estate of a testator, such executor may sell and convey the
same, and shall account therefor to the orphans' court of the county where
he obtained letters, in the same manner that an executor is bound to ac-
count for the sales of personal estate; and the orphans' court may allow
such executor a commission on the proceeds of such sale, not less than
two nor more than ten per cent.; but such sale shall not be valid or effec-
tual unless ratified and confirmed by the orphans' court, after notice by
publication given in the same manner as practised in cases of sales of
lands under decrees in equity; and the bond of such executor shall be
answerable for the proceeds of sales of the real estate which may come
into his possession, to the same extent as if it were personal estate in his