580 ARTICLE 16

Decree and sale upheld under this section. Cases of concurrent jurisdiction of orphans'
court and equity court, to direct a sale, not directly in point. Parties. Irregularities not
Jurisdictional. F9rbes v. Littell, 138 Md. 214.

Where a substituted trustee has been properly appointed under this section and the
court has jurisdiction, a mere irregularity in the proceedings will not sustain excep-
tions to the sale on the purchaser's appeal. Saml. Ready School v. Safe Dep. & Trust Co.,
121 Md. 518.

Trusts of real estate upon the trustee's death devolve upon his heir under art. 46, sec. 5,
for the preservation of the title until the appointment of a new trustee by an equity
court under its general powers under this section. Weller v. Kolb, 128 Md. 226.

The court may appoint the trustee upon the ex parte petition of any person interested
in the property; appointment valid. Kennard v. Bernard, 98 Md. 518. And see Offutt v.
Jones, 110 Md. 238 (note modification after re-argument); Sloan v. Safe Deposit Co., 73
Md. 245; Cowman v. Colquhoun, 60 Md. 136; Fulton v. Harman, 44 Md. 266; Dorsey v.
Thompson, 37 Md. 46.

Although application under this section is always made ex parte, yet if the object
be to pay debts, it is treated in all subsequent proceedings as a creditor's suit. Ham-
mond v. Hammond, 2 Bl. 320.

It is not necessary that all the heirs should unite in application for a sale of the
decedent's property. Where the parties do not pray for a sale of certain property, and
the decree does not authorize its sale, a sale of such property is a nullity, although ratified
by the court. Shriver v. Lynn, 2 How. 43.

This section referred to in discussing statutory authority for the representation of ab-
sent persons in equity proceedings. The constitutionality of this section has never been
called in question, and it confers upon equity courts power and jurisdiction which they
did not formerly have. Kingan Packing Co. v. Lloyd, 110 Md. 626.

The appointment of a trustee held not to have been made under this section, the
time for sale not having arrived; and hence a power of sale did not vest in such trustee.
At a later period it would have been competent to have appointed a trustee under this
section, save for the act of 1865, ch. 162—see art. 93, sec. 302. Kepfinger v. Maccubbin,
58 Md. 210.

The appointment of the trustee named in the will as trustee for the sale of property
under this section, invests him with all the power, and imposes upon him all the obli-
gations in the will. Conner v. Ogle, 4 Md. Ch. 448; Deakins' Case, 2 Bl. 404.

This section does not affect the power of sale of an executor under a will, nor such
authority as he derives by implication. Magruder v. Peter, 11 G. & J. 239.

Since this section requires the court to distribute the proceeds of sale to the parties
entitled, in a proceeding under this section, where a deed under which a wife and minor
children claim is filed as an exhibit, it is not necessary that their claims should be pre-
sented by next friends. Hewitt's Appeal, 55 Md. 517.

This section referred to in upholding the general powers of equity to appoint a trustee
where there is need of one. Dodge v. Dodge, 109 Md. 168. And see Dorsey v. Thompson,
37 Md. 26; Davis v. Clabaugh, 30 Md. 510.

Cited but not construed in Jones v. Stockett, 2 Bl. 435; Ex parte Street, 1 Bl. 532;
Mackubin v. Brown, 1 Bl. 410.

Cited but not construed in Fid. & Dep. Co. v. State, 164 Md. 313.

As to trustees, see sec. 256, et seq.

An. Code, 1924, sec. 98. 1912, sec. 95. 1904, sec. 91. 1888, sec. 80. 1785, ch. 72, sec. 13.

1826, ch. 159.

103. In all cases where the court shall decree that a deed of any kind
shall be executed, a trustee to execute such deed may be appointed, and
until such trustee shall execute a deed, the decree itself, if passed in the
county where the land lies, shall have the same effect that the deed would
if executed; but if passed in another county, the decree shall have that
effect if recorded in the county where the land lies within six months from
the date thereof.

Under this section, the court can direct the conveyance of an estate or the transfer of
a right, but not the making of personal covenants in the absence of the parties to be
bound and their privies. Hence, the court may appoint a trustee to execute a renewal
of a lease for 99 years, the owners of the reversion being non-residents, but the non-
residents cannot be bound by any personal covenant such as one for renewal. Specific
performance. Worthington v. Lee, 61 Md. 541. And see Hollander v. Central Metal Co.,
109 Md. 148 (notes secs. 116 and 117); Warfield v. Valentine, 130 Md. 593.

This section has no application where a trustee sells property under a decree, but,
although the sale is ratified and the purchase price paid, fails to execute a deed to the
purchaser. Sanders v. McDonald, 63 Md. 508.

A decree directing executors to hold certain city stock as trustees for the use of
certain parties, held not to be notice by virtue of this section, of the will of the testa-