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ROBERT M. McLANE, ESQUIRE, GOVERNOR.
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573
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that an executor is bound to account for the sales of
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personal estate, and the orphans' court may allow such
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executor a commission on the proceeds of such sale, not
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less than two nor more than ten per cent., but such sale
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shall not be valid or effectual unless ratified and con-
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Not valid un-
less ratified.
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firmed by the orphans' court, after notice by publica-
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tion given in the same manner as practiced in cases of
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sales of lands under decrees in equity, and the bond
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of such executor shall be answerable for the proceeds
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of sales of the real estate which may cotne in his pos-
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session, to the same extent as if it were personal estate
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in his hands; in case the purchaser of any such real
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estate has transferred, or shall transfer, his said pur-
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chase to another person, it shall be lawful for the
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:
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orphans' court, upon petition in writing by the origi-
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nal purchaser and such assignee, and upon being sat-
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Substitute as-
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isfied that such substitute or transfer may be made
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signee.
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without injury to the estate, to pass an order substi-
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tuting such assignee as purchaser of the said real
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estate, upon such terms as may be deemed expedient,
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regard being had to the interests of the estate, and
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directing the executor to convey the said real estate
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to the said assignee, his heirs and assigns; provided,
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however, that it shall not be necessary to the validity
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Proviso.
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of the sale of any such real estate by the executor.
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that the same be ratified by the orphans' court as afore-
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said, in any case where a court of equity of competent
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jurisdiction has assumed jurisdiction in relation to the
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sale of any such real estate.
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Approved April 8, 1884.
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