302 LAWS OF MARYLAND.
on one side when there is already a fence on the
other, there shall be no gate allowed on said new
road.
 
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CHAPTER 162.
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Passed March
24, 1866.
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AN ACT to add additional sections to Article
ninety-three of the Code of Public General
Laws, entitled, "Testamentary Law," to come
in after section three hundred and twenty-eight
of said Article.
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Sections added
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SECTION 1. Be it enacted by the General Assem-
bly of Maryland, That the following sections be
added' to the ninety-third Article of the Code of
Public General Laws, entitled, Testamentary Law,
to come in after section three hundred and twenty-
eight, in said Article:
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Lawful for
Orphans'
Courts.
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1. In all cases in which a testator, by will, has
directed his or her real estate to be sold for the
pay meet of debts or for any other purpose, and
the executor or executors therein named shall re-
fuse or decline to act, or shall die without execut-
ing the powers vested in him or them, it shall and
maybe 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 execu-
tors appointed by will could or might do.
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Sales of real
estate.
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2. That in all cases of sales of real estate here-
tofore made or hereafter to be made by any execu-
tor of executors, or administrator de bonis non with
the will annexed, 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'
Courts of the several counties of the State and the
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