44 LAWS OF MARYLAND. [CH. 34

SECTION 1. Be it enacted by the General Assembly of Mary-
land, That Section 301 of Article 93 of the Annotated Code of
Maryland (1939 Edition), title "Testamentary Law", sub-title
"Sales", be and it is hereby repealed and re-enacted, with
amendments, to read as follows:

301. 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 commission 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 publication given
in the same manner as practiced 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 into 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 person, it shall be lawful for the
orphans' court, upon petition in writing by the original pur-
chaser and such assignee and upon being satisfied that such
substitution or transfer may be made without injury to the
estate, to pass an order substituting such assignee as pur-
chaser of the said real estate, upon such terms as may be
deemed expedient, regard being had to the interests of the
estate, and directing the executor to convey the said real
estate to the said assignee, his heirs and assigns; provided,
however, that it shall not be necessary to the validity of the
sale of any such real estate by the executor that the same be
ratified by the orphans' court, as aforesaid, in any case where
a court of equity of competent jurisdiction has assumed juris-
diction in relation to the sale of any such real estate. Pro-
vided, that an executor having full power to sell under the
will may transfer and convey all redeemable rents reserved
by leases or subleases of land, otherwise known as redeem-
able ground rents, after due notice from the tenant of an
intention to redeem the same, without complying with the
requirements of this section as to reporting such conveyance
to the Orphans' Court and securing its ratification thereof.

SEC. 2. And be it further enacted, That this Act shall take
effect June 1, 1949.

Approved March 4, 1949.