448                              LAWS OF MARYLAND                     [CH. 301

CHAPTER 301
(House Bill 108)

AN ACT to repeal and re-enact, with amendments, Section 86 of
Article 93 of the Annotated Code of Maryland (1964 Replacement
Volume) title "Testamentary Law," subtitle "Conveyance of Real
Estate," to authorize conveyance of real and leasehold estate sold
by decedent prior to death and execution of confirmatory deeds
by personal representatives, without prior order of court where
the will contains a power of sale, or after an order of court
authorizing such conveyance, but prohibiting personal representa-
tive from executing any such deed until the purchaser has paid
the full amount of the purchase money.

Section 1. Be it enacted by the General Assembly of Maryland,
That Section 86 of Article 93 of the Annotated Code of Maryland
(1964 Replacement Volume), title "Testamentary Law," subtitle
"Conveyance of Real Estate," be and it is hereby repealed and
re-enacted, with amendments, to read as follows:

86.

The executor or administrator, including the administrator de
bonis non, of a person who shall have made sale of real estate or
leasehold estate and have died before receiving the purchase money,
or conveying the same, may convey such real estate or leasehold
estate to the purchaser; and where any decedent shall have made a
sale or conveyance of any real or leasehold interest in lands or
tenements and shall have conveyed the same by a deed which deed
is defective by reason of erroneous recitals, improper or erroneous
description of the property sold and intended to be conveyed or is
lacking in any matter of form or execution required by law or in
the acknowledgment thereof, or for any other reason, the executor
or administrator of such deceased person may execute and deliver
a confirmatory deed of such property, and his deed shall be good and
valid in law, and shall convey all the right, title, claim and interest
of such deceased person in such real estate or leasehold estate as
effectually as the deed of such person so dying would have conveyed
the same; and in the case of deeds defective as aforesaid the con-
firmatory deed of such executor or administrator shall be good and
sufficient to convey all the right, title, claim and interest of said
grantor, and shall bind all persons who would have been bound by
the conveyance of such deceased person in the same manner that
they would be bound had such defective deed been a good and suf-
ficient deed to convey the real or leasehold estate intended to be
conveyed thereby; [provided the executor or administrator of the
person so dying shall satisfy the orphans' court granting his adminis-
tration that the purchaser had paid the full amount of the purchase
money.] provided the orphans' court shall first authorize such con-
veyance, and thereafter no such executor or administrator of any
person so dying shall execute any such deed, until the purchaser has
satisfied the provisions of the contract relative to the payment of the
purchase money.

Sec. 2. And be it further enacted, That this Act shall take effect
June 1, 1965.

Approved April 8, 1965.