1843

FRANCIS THOMAS, ESQUIRE, GOVERNOR.

CHAP. 304.

shall not be lawful for any executor or executrix, adminis-
trator or administratrix or guardian, to sell any property of
his or her testator or testatrix, intestate or ward, as the
case may be, without an order of the orphans court grant-
ing the letters, or making the appointment, being first had
and obtained, authorising such sale or removal, and any
sale made without an order of court previously had as
aforesaid, shall be void, and no title shall pass thereby to the
purchaser.

Should any
administrator,
&c. sell, court
may revoke
letters.

Sec. 2. Be it enacted, That should any executor, execu-
trix, administrator or administratrix or guardian, sell or re-
move any property as aforesaid, the orphans court, may
revoke his her or their letters or appointment, as soon as
they are satisfied of such sale or removal having taken
place, and appoint an administrator, administratrix or guar-
dian as the case may be, whose duty it shall be to proceed
immediately to get possession of the property so sold or
removed and the said orphans court may authorise the ad-
ministrator, administratrix or guardian, so by them appoin-
ted or to be appointed, to employ an attorney or attornies,
to assist in the recovery of said property, apd to determine
the amount of fees to be paid therefor, and any cost or ex-
pense incurred in getting possession of said property, and
ascertained and awarded to be; paid by the said court, shall
be paid by the person or persons whose letters or appoint-
ment have been revoked, and may be recovered by an action
orr his, her or their testamentary administration or guardian
bond, at the suit of the newly appointed administrator, act-

Where there
are two or
more, and sale
or removal has
been made, a
revocation to
extend to the
persons offen-
ding.

ministratrix or guardian.
Sec. 3. Be it enacted, That when there are two or
more executors, executrix, administrators, administratrix or
guardians, and the sale or removal has been made without
the consent of all, the revocation shall only extend to the per-
son or persons so offending, and the remaining executor or
executrix, executors or executrixes, administrator, adminis-
trators or administratrix or administratrixes, guardian or
guardians, shall have full power and complete authority to
discharge all the duties connected with his or their office,
as if no revocation had been made.

Not to apply
to parties au-
thorised to sell
by will.

Sec. 4. And. be it enacted, That nothing in this act shall
be construed to apply to any enses where an executor or
executrix may be authorised by will of his or her testator
or testatrix, to make sale of any property, without applica-
tion to the orphans court, or where an appointment of any
guardian has been made by will with power to sell property
without making a return of such sale to the orphans court.