3478 ARTICLE 93

hands; in case the purchaser of any such real estate has transferred, or
shall transfer his said purchase to another person, it shall be lawful for
the orphans' court, upon petition in writing by the original purchaser and
such assignee and upon being satisfied that such substitution or transfer
may be made without injury to the estate, to pass an order substituting
such assignee as purchaser of the said real estate, upon such terms as may
be deemed expedient, regard being had to the interests of the estate, and
directing the executor to convey the said real estate to the sard assignee,
his heirs and assigns; provided, however, that it shall not be necessary to
the validity of the sale of any such real estate by the executor that the same
be ratified by the orphans' court, as aforesaid, in any case where a court
of equity of competent jurisdiction has assumed jurisdiction in relation
to the sale of any such real estate.

Application of this section.

A power of sale held to have been given executors, and this section applied. Seeger
v. Leakin, 76 Md. 510.

An alleged implied power of sale in a will denied. Porterfield v. Porterfield, 85 Md.
664; Young v. Twigg, 27 Md. 630. Cf. Ogle v. Reynolds, 75 Md. 150.

This section has no application unless executor is authorized to sell real estate.
Alther v. Barroll, 22 Md. 510. And see Dent v. Maddox, 4 Md. 530.

This section has no application to a sale made before it became operative. Harlan v.
Brown, 2 Gill, 479.

Executor is quasi trustee.

In sales under this section the executors are quasi trustees. They are entitled to
nothing more than their commission. If by dealing with assets the executors make
a profit, they must account to cestui qui trusts. Gephart v. Strong, 20 Md. 527.

This section has no application unless executor is authorized to sell. Such author-
ization is a naked trust for fulfillment of which executor is subject to control of
orphans' court. Alther v. Barroll, 22 Md. 510.

Ratification of sale.

In passing- upon ratification of sale, orphans' court has jurisdiction to determine
whether will gives executor power to sell. Ogle v. Reynolds, 75 Md. 151.

If an order of ratification has been procured by fraud or misrepresentation, orphans'
court has power to rescind within a reasonable time and under proper circumstances.
Montgomery v. Williamson, 37 Md. 427.

Generally.

Design of this section is to save expense and delay of chancery proceedings rather
than take away jurisdiction of equity when invoked. Motion to dismiss bill denied;
rights of creditors. Perkins v. Warburtor, 4 Fed. (2nd), (Dist. Ct. Md.), 745.

This section referred to in construing sec. 292—see notes thereto. Knapp v. Knapp.
149 Md. 220.

See notes to art. 16, sec. 242.

Once having accepted a bid, the executor or trustee cannot reopen the sale. Cook v.
Safe Dep. & Tr. Co., 172 Md. 399.

Equity Courts will ordinarily not interfere with the administration of estates by
probate Court, except to remedy some evil or establish some right which such Courts
are powerless to grant or establish. Gaver v. Gaver, 176 Md. 190.

Sec. 295 has no application to real estate directed to be sold as provided in this sec-
tion. Brooks v. Bergner, 83 Md. 354.

A sale under this section is a judicial one and the statute of frauds has no application.
Warehime v. Graf, 83 Md. 101.

When sale is ratified by orphans' court, it stands in respect to its enforcement in
other tribunals on same footing as an ordinary contract of sale, orphans' court having
no power to enforce its execution. Carter v. Von Bokkelen, 73 Md. 179.

The jurisdiction of orphans' C9urt extends no further than confirming or rejecting
sale; it does not include adjusting of equities resulting from vacating sale. Eichel-
berger v. Hawthorne, 33 Md. 595.

This section does not interfere with concurrent jurisdiction of equity. Wright v.
Williams, 93 Md. 69; Ogle v. Reynolds, 75 Md. 151; Keplinger v. Maccubbin, 58 Md.
212; Long v. Long, 62 Md. 77 (dissenting opinion).

Where an executor is authorized by will to sell real estate no order of court need
be passed to enable him to execute such power. The sale must be reported to and
ratified by court. This section contrasted with sec. 295. Lochary v. Corrigan, 132
Md. 373.