2046 TESTAMENTARY LAW. [ART. 93
Sales.
1888, art. 93, sec. 274. 1860, art. 93, sec. 272. 1798, ch. 101, sub-ch. 8, sec. 3.
278. In case any executor or administrator shall not have
money sufficient to discharge the just debts of and claims
against the decedent, the orphans' court granting the letters
shall, on his application made after the return of an inventory,
direct a sale of 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 exceeding 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, collu-
sion, 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 adminis-
trator 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. Haelett 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.
Ibid. sec. 275. 1860, art. 93, sec 273. 1798, ch. 101, sub-ch. 8, sec. 4
279. The court shall have power to direct a sale as afore-
said, in case it shall deem a sale advantageous for the persons
interested in the administration, either ex officio or on applica-
tion of any of the said persons.
1900, ch. 605, sec. 275 A.
280. The court shall also have the power to direct a sale
of any part of the personal estate of a decedent, on application
of an administrator or executor, whenever it shall appear
thereby, or upon such further proof as the court may require,
that a sale is advantageous to the persons interested in said
estate.
Ibid. sec. 276. 1860, art. 93, sec. 274. 1843, ch. 304, sec. 1.
281. No executor or administrator shall sell any property
of his decedent without an order of the orphans' court grant-
ing his letters being first had and obtained authorizing such
sale; and any sale made without an order of court previously
|
![clear space](../../../images/clear.gif) |