ART. 93] SALES. 2049

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 original purchaser and such assignee
and upon being satisfied that such substitution 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
nad to the interests of the estate, and directing the executor 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
Las 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. Wilison, 6 Gill, 302. Waring v. Wailng, 2 Bl. 673. Dent v. Maddox, 4
Md. 522 Seighman v. Marshall's Adm'r, 17 Md. 591. Valentine's Exrs. v.
Strong, 20 Md. 527. Davis v. Clabaugh, 30 Md. 508. Eichelberger v.
Hawthorne, 33 Md. 588. Montgomery v Williamson, 37 Md. 421. Kep-
linger v Maccubbin, 58 Md. 203 Carter v. Van Bokelen, 73 Md. 179.
Smith v. Montgomery, 75 Md. 140. Warehime v. Graf, 83 Md. 101. Brooks
v. Beigner, 83 Md. 654. Porterfield v. Porterfield, 85 Md. 664.

1888, art. 93, sec. 283. 1865, ch. 162, sec 1.

288. 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 interested, 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. Venable v. Mercantile Trust Co.,
74 Md. 187. Bay v. Posner, 78 Md. 42. Warehime v. Graf, 83 Md. 101.
Snook v. Munday, 90 Md. 703. Wright v. Williams, 93 Md. 69.

Ibid. sec. 284. 1865, ch. 162, sec. 2. 1870, ch. 82.

289. In all cases of sales of real and leasehold estate here-
tofore made or hereafter to be made by any executor, adminis-
trator, administrator de bonis non, administrator with the will
annexed, or administrator de bonis non with the will annexed,