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The Maryland Code Public General Laws, 1904
Volume 393, Page 2050   View pdf image (33K)
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2050 TESTAMENTARY LAW. [ART. 93

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' court of
the several counties of the State and the city of Baltimore,
upon the application of such executor, administrator, adminis-
trator de bonis non, administrator with the will annexed, or
administrator de bonis non with the will annexed, to pass an
order requiring such purchaser or purchasers to comply with
said terms of sale, or show good cause to the contrary, on or
before a certain day to be limited in said order; and upon
failure to comply with such terms of sale, or show good cause
to the contrary, on or before the day limited in such order, it
shall and may be lawful for the said orphans' courts to order
a re-sale of such real or leasehold estate at the risk and cost
of the purchaser or purchasers, or to enforce compliance of any
order passed upon such application by attachment.
Mealey v. Page, 41 Md. 172. Schwallenberg v. Jennings, 43 Md. 557.

1888, art. 93, sec. 285. 1865, ch. 162, sec. 3. 1866, ch. 81.

290. The orphans' courts of the State shall have concurrent
jurisdiction with the several circuit courts of this State, as
courts of equity, with like powers to adopt rules and regula-
tions, so as to authorize and direct the sales of real estate of
intestates, where the appraised value of said real estate shall
not exceed the sum of twenty-five hundred dollars, and to con-
firm and ratify said sales in the same manner as such sales are
confirmed and ratified by the several circuit courts of the State,
as courts of equity.

Simpson v. Bailey, 80 Md. 422 Snook v. Munday, 90 Md. 705.

Ibid. sec. 286 1865, ch. 162, sec 4 1868, ch. 366.

291. The orphans' courts shall have authority to appoint a
trustee to make such sales, which trustee may be the adminis-
trator or any other person, in the discretion of the court, and
who shall give bond with security to be approved by the
orphans' court or the register of wills, and proceed with such
sale in the manner usually practised in the courts of equity in
this State; and upon the ratification of such sale by the
orphans' court, and the payment in full of the purchase money,
and not before, the said trustee shall proceed to convey the
title of said intestate to said real estate in the same manner as
trustees under the appointment of circuit courts are now
authorized to do; and the said orphans' court may allow the


 

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The Maryland Code Public General Laws, 1904
Volume 393, Page 2050   View pdf image (33K)
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