802 TESTAMENTARY LAW. [ART. 93.

sales of personal estate, and the orphans' court may
allow such executor a commission on the proceeds of
such sale, not less than two nor more than ten per
cent., but such sale shall not be valid or effectual,
unless ratified and confirmed by the orphans' court)
after notice by publication given in the same man-
ner as practised in cases of sales of lands, under
decrees in equity, and the bond of such executor
shall be answerable for the proceeds of sales of the
real estate which may come in his possession, to the
same extent as if it were personal estate in bis
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 pur-
chaser, and such assignee, and upon being satisfied
that such substitute or transfer may be made with-
out 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; re-
gard being had to the interests of the estate and
directing the executor to convey the said real estate
to the said assignee, his heirs and assigns.

In force from June 1, 1865.

1865, c. 102, s. 1. Proceedings where executor does not act under will directing sale.

1865, c. 162 adds the following sections: 281. In all cases in which a testator, by will, has directed his or her real estate to be sold for the pay- ment of debts, or for any other purpose, and the ex- ecutor 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 an- nexed previously appointed, to execute the trusts of said will in the same manner and to the same extent