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The Annotated Code of the Public General Laws of Maryland, 1939
Volume 379, Page 750   View pdf image (33K)
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750 ARTICLE 21

assigns, in manner aforesaid, as by the grantee, his heirs and assigns, or his
or their counsel, learned in the law, shall be reasonably devised, advised or
required.
See notes to sec. 92.

An. Code, 1924, sec, 82. 1912, sec. 80. 1904, sec. 78. 1888, sec. 77. 1864, ch. 252, sec. 9.

98. All deeds which have been heretofore executed in pursuance of the
provisions contained in the eight preceding sections shall be as valid and
effectual as if the covenants in said deeds had been expressed therein, in
full.

See notes to sec. 92.

An. Code, 1924, sec. 83. 1912, sec. 81. 1904, sec. 79. 1888, sec. 78. 1872, ch. 451.

99. All deeds of conveyance heretofore or hereafter duly executed,
acknowledged and recorded according to law, among the land records in
any county in this State, by executors or the last will and testament, exe-
cuted with the formalities required for the passing of real estate by the laws
of this State, and proved according to law, of any non-resident testator,
conveying lands lying in said county, shall be as valid and effectual in law
and equity as if made by executors under last will and testament, duly exe-
cuted, proved and recorded in the office of the register of wills in this State,
for lands lying therein, and whose sales of real estate under the authority
of said will were duly made and reported to and ratified by an orphans'
court in this State; provided, that an authenticated copy of the said last
will and testament shall have been filed and recorded in the office of the
register of wills of the county where the lands lie; and provided further,
that full authority was given by the said last will and testament to the
executors to sell and convey the said real estate.

The executor of a non-resident testator is not required to report sales of land to
the orphans' court of the county where the land is located. Smith v. Montgomery,
75 Md. 139 (explaining Norment v. Brydon, 44 Md. 112).

The essentials of the jurisdiction of the orphans' court over the sale of land under
this section owned by a non-resident testator, set out, and held not to have been
complied with. Norment v. Brydon, 44 Md. 115. And see Smith v. Montgomery,
75 Md. 139.

This section held to have no application to the question of the validity in Mary-
land of a will executed in a foreign county according to the laws of that country.
Lindsay v. Wilson, 103 Md. 268.

See art. 93, secs. 301 and 369.

Defective Conveyances.

An. Code, 1924, sec. 84. 1912, sec. 82. 1904, sec. 80. 1888, sec. 79. 1880, ch. 256, sec. 1.

100. All deeds, mortgages and other conveyances, made and executed
in the State of Maryland since the twenty-second day of March, in the year
eighteen hundred and sixty-seven, which were executed and acknowledged
before any justice of the peace duly commissioned and qualified for any
county or city in this State, and which deeds, mortgages and other con-
veyances were recorded in the county or city where the lands or other
property, in whole or in part, are situated, shall have the same effect and
operation in law, and be as valid to all intent and purposes, as if the jus-
tice of the peace before whom the same was acknowledged, was, at the
time of such acknowledgment, a justice of the peace duly commissioned
and qualified according to law, for the county or city in which the lands or
other property were situated, or in which the grantors in such deed, mort-


 

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The Annotated Code of the Public General Laws of Maryland, 1939
Volume 379, Page 750   View pdf image (33K)
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