Reports of Cases Argued and Determined in the Court of Appeals of Maryland Volume 132 (Paperback)

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1919 Excerpt: ...for the sale of the farm on or before a date designated in the order. This action is the occasion of the pending appeal. VVhen an executor is authorized by will to sell real estate, he does not require an order of the Orphans' Court prior to the sale to enable him to execute the power thus conferred. The sale must be reported to and ratified by the Court, but a Md_ Opinion of the Court. preliminary order authorizing the sale is not essential to its validity. The statute which specifically deals with this subject provides: "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; But such sale shall not be valid or effectual unless ratified and confirmed 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;." Code, Article 93, section 290. A different provision has been made in reference to sales of other classes of property, as to which the statutory rule is that no such sale shall be made without a previous order of the Orphans' ('ourt (Uode, Article 93, section 284). That this provision has no relation to sales of real estate which the will authorizes and directs the executor to sell, has heretofore been stated by this Court in the case of Brooks v. Bergner, 83 Md. 354. It thus appears that there was no necessity for the petition which the appellee submitted to the appellant, and which the Orphans' Court ordered him to sign. The appellant's duty to the ...