470

SETTLEMENT OF DECEDENTS' ESTATES. [ART. 50.
SALES OF LANDS.

Art 93, s 81.
1846, c 279, s. 1
Administrator
may convey
real estate sold
by decedent.
30 Md. 82

109. The executor or administrator, including the administrator
de bonis wore, of a person who shall have made sale of real estate,
and have died before receiving the purchase money, or conveying
the same, may convey said real estate to the purchaser, and his deed
shall be good and valid in law, and shall convey all the right, title,
claim, and interest of such deceased person in such real estate as
effectually as the deed of the party so dying would have conveyed

Proviso.

the same; provided, the administrator of the person so dying shall
satisfy the Orphans' Court granting him administration that the
purchaser has paid the full amount of the purchase-money.

Id s 82
1849, c 37
Foregoing sec-
tion extended
to administrator
from District of
Columbia.

200. The provisions of the foregoing section shall extend to all
cases where administration may have been granted by the proper
authority in the District of Columbia; and in all such cases the ap-
plication to procure such deed shall be made to the Orphans' Court
of the city or county where the land sought to be conveyed is
situate.

1865, c 51.
Proceedings in
sales by ex-
ecutors under
wills
20 Md 527, 22
Md 501, 27 Md
620, 30 Md 510,
31 Md 71, 254,
33 Md 508.
37 Md 421.

201. In all cases where an executor may be authorized and di-
rected to sell the real estate of a testator, such executor may sell
and convey the same, and shall account therefor to the Orphans'
Court of the county where he obtained letters, in the same manner
that an executor is bound to account for the 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 manner as practiced in cases of sales of lands, under
decrees in equity, and the bond of such executor shall be answera-
ble 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 his
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 origi-
nal purchaser and such assignee, and upon being satisfied that such
substitute or transfer may be made without 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; regard
being Lad to the interests of the estate and directing the executor
to convey the said real estate to the said assignee, his heirs and
assigns.

1865, c 162, s 1.
Proceedings
where executor
does not act
under will
directing sale
27 Md 620, 30
Md 508, 33 Md
588, 37 Md 421

202. In all cases in which a testator, by will, has directed his
or her real estate 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