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The Maryland Code, Public General Laws, 1888
Volume 389, Page 1404   View pdf image
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1404 TESTAMENTARY LAW. [ART. 93.

the whole property therein contained, or of such part, or to such
an amount as the court may think proper; and the court shall
direct the manner and terms of sale; provided, that no credit ex-
ceeding twelve months be given, and that where credit is given,
bond with security shall be taken; the court shall have power, in
case it shall suspect any fraud, collusion, connivance or improper
management to affect the sale, or that it was unreasonably made,

or that the property was sold much under its value, to compel the
said executor or administrator to account for all such deficiencies
as may have arisen by his misconduct, the court always observing
the inventory as their rule for ascertaining such deficiency.

Conway v Green's Adm'r, 1 H. & J. 151. Hall v. Griffith, 2 H. & J. 483.
Scott v. Burch, 6 H. & J. 67. Haslett v. Glenn, 7 H. & J. 22. Mockbee's
Adm'r v. Gardner, 2 H. & G. 176. Williams' Ex'rs v. Marshall, 4 G. & J. 379.
Gwynn v Dorsey, 4 G. & J. 453. Evans v. Iglehart, 6 G. & J. 171. Glenn v.
Clapp, 11 G & J. 11 Latrobe v. Tiernan, 2 Md. Ch. 474. Lowe v. Lowe, 6
Md. 356.

P. G. L., (1860,) art. 93, sec. 273. 1798, ch. 101, sub-ch. 8, sec. 4.

275. The court shall have power to direct a sale as aforesaid,
in case it shall deem a sale advantageous for the persons interested
in the administration, either ex officio or on application of any of
the said persons.

Ibid. sec. 274. 1843, ch. 804, sec. 1.

276. No executor or administrator shall sell any property of
his decedent without an order of the orphans' court granting his
letters being first had and obtained, authorizing such sale; and any
sale made without an order of court previously had as aforesaid,
shall be void, and no title shall pass thereby to the purchaser.

Phippard v. Forbes, 4 H. & McH. 481. Allender v. Riston, 2 G. & J. 86.
Albert v. Savings Bank, 1 Md. Ch. 407. Lark v. Linstead, 2 Md. Ch. 162.
Albert v. Savings Bank, 2 Md. 159. Lark v. Linstead, 2 Md. 420. Miller v.
Williamson, 5 Md. 219. Mitchell v. Williamson, 6 Md. 210. Stewart v. Fire-
men's Ins. Co., 53 Md. 564. Crow v. Hubard, 62 Md. 560.

Ibid. sec. 275. 1843, ch. 304, sec. 2.

277. If any executor or administrator shall sell or remove any
property without an order of the orphans' court, the orphans'

court may revoke his letters as soon as they are satisfied of such
sale or removal having taken place, and appoint an administrator,

 

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The Maryland Code, Public General Laws, 1888
Volume 389, Page 1404   View pdf image
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