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The Maryland Code Public General Laws, 1904
Volume 393, Page 2051   View pdf image (33K)
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ART. 93] SALES. 2051

same commissions to any trustee so appointed as are now
allowed to a trustee appointed to sell under a decree in equity.

1888, art. 93, sec. 287 1865, ch. 162, sec. 5

292. For the purpose of ascertaining the value of said real
estate, they are hereby authorized to issue a warrant to
appraisers in the manner as indicated in sections 121-127 of
article 81 of this code; and if, upon the return of said appraise-
ment it should exceed the sum of twenty-five hundred dollars,
the said orphans' court shall not proceed to order said sales.

Ibid. sec. 288. 1860, art. 93, sec. 281. 1828, ch. 174, sec. t.

293. 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. Oetinger, 53 Md. 46.

Ibid. sec. 289. 1860, art. 93, sec 282. 1828, ch. 174, sec. 1.

294. 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 relinquishing, disclaiming or refusing to act had
died, and the trustee or trustees so assenting to act had sur-
vived 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. 290. 1860, art. 93, sec. 283. 1828, ch. 174, sec. 1.

295. 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
compensation for his services as trustee.

Ibid.


 

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The Maryland Code Public General Laws, 1904
Volume 393, Page 2051   View pdf image (33K)
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