CHANCERY 579

such decree shall have the same power to execute said decree, or compel a
compliance therewith in cases where the land or property lies, or parties
reside in different counties from that in which the decree was passed, as if
the said parties resided, or land or property lay in the county where the

decree was passed.

In furtherance of the intention, the words of this section must be taken distributively.
History of this section. This section construed in connection with sec. 95—see notes
thereto. Dorsey, v. Omo, 93 Md. 81; Hopper v. Brodie, 130 Md. 445.

As to decrees of specific performance against non-resident infants and non compos, see
sec. 140.

As to specific performance, see sec. 255.

Cited but not construed in Evans v. Zouck, 172 Md. 15.

An. Code, 1924, sec. 95. 1912, sec. 92. 1904, sec. 88. 1888, sec. 77. 1840, ch. 109, sec. 4.

100. Whenever any cause is ready for hearing, and the parties, their
solicitors or guardians shall sign an agreement and file it with the clerk
that the case be submitted for decision to the judge of the court where the
suit is pending, such judge shall pass a decree, and such decree shall have
the same effect as if passed at the -regular term of the court.

An. Code, 1924, sec. 96. 1912, sec. 93. 1904, sec. 89. 1888, sec. 78. 1818, ch. 193, sec. 9.

101. Where a sale has been made by an executor under a supposed
authority derived from a will, the court may, at its discretion, confirm
such sale, on hearing the parties interested, or ex parte, in cases where a
bill might be taken pro confesso.

This section referred to in construing art. 93, sec. 301—see notes thereto. Eichelberger
v. Hawthorne, 33 Md. 595.

Cited but not construed in Ex parte Black, 1 Bl. 142.

As to when decrees pro confesso may pass, see sec. 170, et seq.

See art. 93, sec. 301.

An. Code, 1924, sec. 97. 1912, sec. 94. 1904, sec. 90. 1888, sec. 79. 1785, ch. 72, sec. 4.

102. Where any person dies and leaves real or personal property to be
sold for the payment of debts, or other purposes, and shall not appoint any
person to sell and convey the same, or if the person appointed dies, or neg-
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 con-
tingency, are dead when the contingency happens. Noble v. Birnie, 105 Md. 80.

This section applied where a testator directed his real estate to be sold and the pro-
ceeds 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. Diffenderffer, 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. 302, and the jurisdiction first invoked, prevails Wright v
Williams, 93 Md. 69; Noble v. Birnie, 105 Md. 80.