TESTAMENTARY LAW 3479

Object of this section. It applies to all cases where an executor is authorized to
sell real estate. The executor represents all parties in interest. Dent v. Maddox, 4 Md.
530. And see Maddox v. Dent, 4 Md. Ch. 549.

Prior to act of 1831, ch. 315, the executor's bond was not liable for proceeds of real
estate sold for payment of debts; equity alone could administer equitable assets. Cor-
nish v. Wilson, 6 Gill, 334; Waring v. Waring, 2 Bl. 677.

This section referred to in construing the act of 1831, ch. 315—see notes to sec. 365.
Warfprd v. Colvin, 14 Md. 556.

This section referred to in construing sec. 302—see notes thereto. Wright v. Williams,
93 Md. 69.

This section referred to in construing art. 21, sec. 99—see notes thereto. Smith v.
Montgomery, 75 Md. 140.

Cited but not construed in Davis v. Clabaugh, 30 Md. 510.

For curative statute involving sales under wills of non-residents, see art. 21, sec. 99.

As to the writ of habere facias possessionem in cases of sales made under a power
contained in a will, see art. 75, sec. 99.

See art. 16, secs. 101 and 276, and notes to sec. 302 (this article).

An. Code, 1924, sec. 300. 1912, sec. 291. 1904, sec. 288. 1888, sec. 283. 1865, ch. 162, sec. 1.

302. In all cases in which a testator, by will, has directed his real es-
tate to be sold for the payment of debts, or for any other purpose, and the
executor or executors therein named shall refuse or decline to act, or shall
die without executing the powers vested in him or them, it shall and may
be lawful for the several orphans' courts of this State, upon petition of
any party interested, to appoint an administrator de bonis non; with the
will annexed, or to empower the administrator with the will annexed,
previously appointed, to execute the trusts of said will in the same man-
ner and to the same extent as the executor or executors appointed by will
could or might do.

This section applies where a man who is named executor in a will dies after testator,
but before the will has been probated. Hence a power of sale given to such executor
vests in administrator d. b. n. appointed by orphans' court after former's death. Sale
upheld. Purpose and scope of this section. Effect of probate of a will. Title of executor
and administrator contrasted. Murray v. Conley, et al., 124 Md. 220.

Where a will directs executor to sell real estate upon death of life tenant but the
executor is removed during life of life tenant, upon latter's death orphans' court has
jurisdiction under this section, but jurisdiction of equity under art. 16, sec. 102, is
not interfered with, and jurisdiction first invoked prevails. Wright v. Williams, 93 Md. 69.

This section confers upon administrator c. t. a. all power and authority to sell which
original executor derived from will. Bay v. Posner, 78 Md. 48; Venable v. Mercantile
Trust, etc., Co., 74 Md. 189.

This section has no application if executor dies in lifetime of testator and hence
power of sale never vests. Wilcoxon v. Reese, 63 Md. 545.

This section applied. Snook v. Munday, 90 Md. 703; Keplinger v. Maccubbin, 58
Md. 211.

This section referred to in construing sec. 301—see notes thereto. Warehime v. Graf,
83 Md. 101.

See notes to sec. 301.

An. Code, 1924, sec. 301. 1912. sec. 292. 1904, sec. 289. 1888, sec. 284. 1865, ch. 162, sec. 2.

1870, ch. 82.

303. In all cases of sales of real and leasehold estate heretofore made
or hereafter to be made by any executor, administrator, administrator
de bonis non, administrator with the will annexed, or administrator de
bonis non. with the will annexed, and the purchaser or purchasers shall
fail, neglect or refuse to comply with terms of sale as reported to and
ratified by the court, it shall and may be lawful for the orphans' court
of the several counties of the State and the city of Baltimore, upon the
application of such executor, administrator, administrator de bonis non,
administrator with the will annexed, or administrator de bonis non with
the will annexed, to pass an order requiring such purchaser or purchasers
to comply with said terms of sale, or show good cause to the contrary, on