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Passed March
20, 1865.
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AN ACT to amend section, two hundred and
eighty, of Article ninety-three of the Code of
Public General Laws, entitled, "Testamentary
Law," relating to the sale of real estate by
executors.
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Section amend-
ed and re-enac
ted.
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SECTION 1. Be it enacted by the General Assem-
bly of Maryland, That section two hundred and
eighty, of Article ninety-three of the Code of
Public General Laws, entitled "Testamentary
Law," be amended and re-enacted, so as to read
as follows :
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Executor
may sell real
estate.
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280. In all cases where an executor may be
authorized and directed to sell the real estate of a
testator, such executor may sell and convey the
same, and shall account therefor to the Orphans'
Court of the county where he obtained letters, in
the same manner that an executor is bound to
account for the sales of personal estate, and the
Orphans' Court may allow such executor a com-
mission on the proceeds of such sale, not less than
two nor more than ten per cent., but such sale shall
not be valid or effectual, unless ratified and con-
firmed by the Orphans' Court, after notice by pub-
lication given in the same manner as practised in
cases of sales of lands, under decrees in equity,
and the bond of such executor shall be answerable
for the proceeds of sales of the real estate, which
may come in his possession, to the same extent as
if it were personal estate in his hands; in case the
purchaser of any such real estate has transferred
or shall transfer his said purchase to another per-
son, 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
substitute 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 had to the interests of the estate and direct-
ing the executor to convey the said real estate
to the said assignee, his heirs and assigns.
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