ART. 93.] SALES. 1409

in the manner as indicated in sections 106-112 of article 81 of
this code ; and if, upon the return of said appraisement it should
exceed the sum of twenty-five hundred dollars, the said orphans'
court shall not proceed to order said sales.

P. G. L., (1860), art. 93, sec. 281. 1828, ch. 174, sec. 1.

288. In all cases where two or more trustees have been or
shall be appointed by last will to execute any trust, with power
on the death of one or more of such trustees to the survivor or
survivors, to execute such trust, or to sell or dispose of, and
convey any lands, hereditaments or other property, or any estate
or interest therein devised to them jointly, if any one or more of
such trustees shall in writing, signed by him or them, and
attested by a witness, relinquish or disclaim such trust, or refuse
to act as a trustee under such will, and deliver such writing to
the register of wills having charge of such will for record, the
right of such trustee or trustees so relinquishing, disclaiming or
refusing to act shall thereupon cease and be determined.

Druid Park Heights Co. v. Ottinger, 53 Md. 46.

Ibid. sec. 282. 1828, ch. 174, sec. 1.

289. The remaining trustee or trustees appointed by said will
who shall assent to act shall be as fully capable and entitled to
execute the trusts under such will, and to make all deeds and do
all necessary acts for that purpose, as if the trustees so relinquish-
ing, disclaiming, or refusing to act, had died, and the trustee or
trustees so assenting to act had survived him or them.

Young v. Twigg, 27 Md. 620. Hill v Hill, 38 Md. 183. Long v. Long, 62
Md. 33. Wilcoxon v. Reese, 63 Md. 542.

Ibid. sec. 283. 1828, ch. 174, sec. 1.

290. No such relinquishment, disclaimer or refusal to act by
any trustee shall be construed to release or impair his right or
claim to any devise, legacy or bequest derived or bequeathed to
him by such will for his own use, unless such devise, legacy or
bequest shall be expressly declared in the will to be as a compen-
sation for his services as trustee.

Ibid.

89