ART. 93.] SALES. 1407

being had to the interests of the estate, and directing the exec-
utor to convey the said real estate to the said assignee, his heirs
and assigns; provided, however, that it shall not be necessary to
the validity of the sale of any such real estate by the executor,
that the same be ratified by the orphans' court, as aforesaid, in
any case where a court of equity of competent jurisdiction has
assumed jurisdiction in relation to the sale of any such real
estate.

Waring v. Darnall, 10 G. & J. 143. Harlan v. Brown, 2 Gill, 475. Cornish v.
Wilson, 6 Gill, 302. Waring v. Waring, 2 Bl. 673. Dent v. Maddox, 4 Md.
522. Seigman v. Marshall's Admr., 17 Md. 591. Valentine's Ezrs. v. Strong,
20 Md. 527. Davis v. Clabaugh, 30 Md. 508. Eichelberger v. Hawthorne, 33
Md. 588. Montgomery v. Williamson, 37 Md. 421. Keplinger v. Maccabbin,
58 Md. 203.

1865, ch. 162, sec. 1.

283. In all cases in which a testator, by will, has directed his
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 inter-
ested, to appoint an administrator de bonis non, with the will
annexed, or to empower the administrator with the will annexed,
previously appointed, to execute the trusts of said will in the
same manner and to the same extent as the executor or executors
appointed by will could or might do.

Keplinger v. Maccubbin, 58 Md. 211.

1865, ch. 172, sec. 2. 1870, ch. 82.

284. In all cases of sales of real and leasehold estate hereto-
fore made or hereafter to be made by any executor, administra-
tor, administrator de bonis non, administrator with the will
annexed, or administrator de bonis non, with the will annexed,
and the purchaser or purchasers shall fail, neglect or refuse to
comply with the terms of sale as reported to and ratified by the
court, it shall and may be lawful for the orphans' courts of the
several counties of the State and the city of Baltimore, upon the
application of such executor, administrator, administrator de
bonis non, administrator with the will annexed, or administrator