Id. s. 3. 1809, c. 168, s. 3; 1831, C. 305, S. 4. Acknowledgment out of State, etc. Id. s. 4. 1825, c. 160, ss. May be executed the time of the acknowledgment a justice of the peace; or before the mayor of a corporation; and if so, the fact of his being mayor shall be certified under the seal of the corporation; or before a notary; and if so, the fact of his being a notary shall be certified under his notarial seal; or before a judge of the Orphans' Court; and if before a judge of the Orphans' Court of any other county than that in which it is to be recorded, there shall be a certificate of the register of wills of his county, under the seal of his office, that at the time of the acknowledgment he was a judge of the Orphans' Court; or be fore a judge of the Circuit Court; and if before a judge of any other judicial circuit than that in which the county in which it is to be recorded is situated, there shall be a certificate from the clerk of the Circuit Court for the county in which it is acknowledged, that he was a judge of the Circuit Court for that county at the time of the acknowledgment; or before a register of wills; and if before a register of wills of any other county than that in which it is to be recorded, there shall be a certificate of the chief judge of the Orphans' Court of the county in which he is register, that he was register at the time of such acknowledgment; but if the acknowledgment is made before a justice of the peace, judge of the Orphans' Court, or register of wills of the county in which the release or receipt is to be recorded, or before a judge of the judicial circuit in which said county is situated, no such certificate shall be necessary. 182. Such releases may be acknowledged out of this State before the mayor of a corporation, notary public, judge of any court of record, justice of the peace, alderman, consul-general, consul or vice-consul of the United States residing in a foreign country. If acknowledged before the mayor of a corporation, there shall be a certificate of the fact under the seal of the corporation. If acknowledged before a notary public, there shall be his certificate of the fact under his notarial seal. If acknowledged before a judge of a court, there shall be a certificate from the clerk of the court of which he is judge, under the seal of the court, certifying to the facts that at the time such acknowledgment was made he was a judge of such court, and that such court is a court of record. If acknowledged before a justice of the peace, there shall be a certificate, under seal, from the governor, chief magistrate, or clerk of a court of such State or county, certifying to the fact that the person before whom such acknowledgment was made, was at the time a justice of the peace. If acknowledged before an alderman, there shall be a certificate from the mayor under the seal of the corporation, or from a notary public under his notarial seal, that he was an alderman at the time of such acknowledgment. If acknowledged before a consul-general, consul, or vice-consul, there shall be a certificate of the fact under his seal. 183. Any release or receipt mentioned in the two preceding sections, may be executed in virtue of a power of attorney for that purpose; provided, such power of attorney, if executed within this State, shall be acknowledged and certified, as if it were a release; and if executed out of the State, shall be acknowledged and certified in the same manner as releases or receipts are required to be by the last preceding section; and any female over eighteen years of age Who may may execute such power of attorney. execute. 1851, c. 305, s. 7. where to be recorded. 184. Such power of attorney shall be recorded in the office of Id. s. 5. the register of wills in the county in which the administration was granted, or in which the guardian was appointed or gave bond, and any release or receipt executed and acknowledged in virtue of such power before the register of wills, or a justice of the peace of the county, where the power of attorney is required to be recorded, corded with be recorded with such power of attorney, and a copy, under seal, of attorney. such release or receipt and power of attorney, shall be evidence Copy, evidence. thereof. may Release re power of Id. s. 6. 1831, c. 305, s. 7. Releases and powers of attorney to be retained by regis ter. 1798, c. 101, payable in the posed of. 219; 21 Md. 426; Md. 488. 185. Any release, receipt, or power of attorney authorized to be recorded in the preceding sections shall remain, and be retained, and preserved in the office of the register of wills, and shall not be delivered to any person. 186. Whenever, under the provisions of a will, it shall be neces- Art. 93, s. 10. sary for an executor or an administrator cum testamento annexo to sub-c. 10, s. 11. retain in his hands the personal estate, or any part thereof, after personal state all just claims are discharged, as where money or some other thing future, how disis directed to be paid at a distant period, or upon a contingency, 2 Md. 104: 5 Md. any court of equity in the city or county, or the Orphans' Court, 31 Md. 21; 41 shall have the power, on the application of such executor or administrator, or of the party interested, to decree or give directions thereto; and it shall be the duty of such executor or administrator to apply to the said court of equity, or the Orphans' Court, and the said courts respectively shall have full power to decree or direct what part of the personal estate shall be retained or appropriated for the purpose, and in what manner it shall be disposed of, and the legacy or benefit intended by the will shall be secured to the person to be entitled at a future period or contingency, and how the necessary part of the personal estate to be appropriated for the purpose shall be prevented from lying dead or being unproductive, and how it shall be applied, agreeably to the intent of the will or the construction of law, in case the contingency shall not take place. 1798, c. 101, When adminis tributee or legatee. 6 Md. 347; 26 187. When any person entitled, after payment of debts, shall ra. s. 149. be in want of subsistence, or greatly straitened in his circum- sub-c. 10, s. 7. stances, and shall apply to the Orphans' Court by petition, and sat- trator to adisfy the court that he is in want of subsistence, or greatly strait- vance to disened in circumstances, and that it probably will not require more than one-half of the assets to discharge the debts, the court may Md. 312; 28 Md direct the administrator to deliver to the petitioner any part of what the court shall suppose will be his distributive share, or any part of a legacy or bequest in money, not exceeding one-third part, the said petitioner giving bond, with security approved by the court, to Bond to be the administrator, for returning the same, or an equivalent, with in- given. 84. Id. s. 141. 1798, c. 101, sub-c. 10, s. 8. specific legacy may be ad tercst, whenever so directed by the court, and the court shall have power to determine in a summary way on any such petition, after summons against such administrator duly returned summoned or non est. 188. And the court, in like manner, on any petition by a person in such circumstances, to whom a specific legacy or bequest has When whole of been made, being satisfied that the assets, exclusive of all specific legacies, will not be nearly exhausted by debts, may direct the executor or administrator with the will annexed, to deliver to the petitioner the said specific legacy or bequest, on his giving bond as aforesaid. vanced. Id. s. 142. entitled to re- Id. s. 143. 1798, c. 101, sub-c. 14, s. 12. Administrator may appoint 189. Where a bequest of personal property or money is made to a female, and directed by the will to be paid on her attaining to full, mature, or lawful age, sucli female shall be entitled to receive and demand such personal property or money on her arriving at the age of eighteen years, or being married. 190. Any administrator shall be entitled to appoint a meeting of persons entitled to distributive shares or legacies, or a residue, on some day by the court approved, and payment or distribution may meeting for dis- be there made, under the court's direction and control. tribution of legacies. 14 Md. 346, 388; 26 Md. 312; 28 Md. 84; 36 Md. 495; 39 Md. 640. Art. 93, s. 272. 1798, c. 101, sub-c. 8, s. 3. Court may direct sale of personal prop erty. 6 Md. 356; 30 588; 40 Md. 240. Terms of sale. SALES OF CHATTELS. 191. In case any executor or administrator shall not have money sufficient to discharge the just debts of and claims against Cohen Orphans' the decedent, the Orphans' Court granting the letters shall, on his application made after the return of an inventory, direct a sale of the whole property therein contained, or of such part, or to such an Md. 82; 3 Md. amount as the court may think proper; and the court shall direct the manner and terms of sale; provided, that no credit exceeding twelve months be given, and that where credit is given, bond with security shall be taken; the court shall have power, in case it shall suspect any fraud, collusion, connivance, or improper management to effect the sale, or that it was unreasonably made, or that the property was sold much under its value, to compel the said executor or administrator to account for all such deficiencies as may have arisen by such executor or administrator's misconduct, the court always observing the inventory as their rule for ascertaining such deficiency. 'Id. s. 273. 1798, c. 101, sub-c. 8, s. 4. Court may direct sal when advantageous for persons interested. Id. s. 274. 1843, c. 304, s. 1. Administrator, ete, not to sell without order. 6 Md. 210. 192. The said court shall have power to direct a sale as aforesaid, in case it shall deem a sale advantageous for the persons interested in the administration, either ex officio or on application of any of the said persons. 193. No executor or administrator shall sell any property of his decedent without an order of the Orphans' Court granting his letters being first had and obtained, authorizing such sale, 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. 1843, c. 304, s. 2. letters for so New adminis 194. If any executor or administrator shall sell or remove any Id. s. 275. property without an order of the Orphans' Court, the Orphans' Court to revoke Court may revoke his letters as soon as they are satisfied of such doing. sale or removal having taken place, and appoint an administrator, trator to recover whose duty it shall be, immediately to proceed to get possession of property. the property so sold or removed, and the Orphans' Court may authorize the administrator so by them appointed, to employ an attorney or attorneys, to assist in the recovery of said property, and determine the amount of fees to be paid therefor, and any cost or expense incurred in getting possession of said property, ascer tained and awarded to be paid by the said court, shall be paid by the person or persons whose letters have been revoked, and may be recovered by an action on his testamentary or administration bond, at the suit of the newly appointed administrator. 1843, c. 304, s. 3. administrators 195. Where there are two or more executors or administrators, Id. s. 276. and the sale or removal has been made without the consent of all, Revocation to the revocation shall only extend to the person or persons so offend- extend only to ing, and the remaining executor or administrator shall have full offending. power and authority to discharge all the duties connected with his office, as if no revocation had been made. 196. Nothing contained in the three last preceding sections Id. s. 277. shall be construed to apply to any cases where an executor shall be 18, c. 304, 8. 4. Executor, authorized, by will of his testator, to make sale of any property will, may sell authorized by without application to the Orphans' Court. without order. ss 1.2. Coarse proven 197. The coarse provender, including under that denomination ra. s. 278. only corn tops, corn shucks, wheat, oats, and rye straw, that may be 1815, c. 357, at the time of sale on the farm or lands of any person dying within der to be this State, shall not be sold by the administrator, but shall be left sold by adminisupon the farm for the use thereof; provided, the person so dying Proviso. shall leave issue or relations who may inherit the said lands from hin, or a devisee to whom he may have devised the same. trator. Id. s. 279. 179, c. 101, 1807, c. 136, s. 1. May Slowing crops, to whom and how. 198. An administrator shall either finish the crop on hand at the death of the decedent, or sell the same, as he shall judge the most convenient; and in case he shall not deem it convenient to finish the crop, the person entitled to the land, on the death of the decedent or his guardian, or next friend for him, in case of infancy of the party, may take the said crop at the appraisement of the appraisers, paying ready money, or giving bond with good security approved by the Orphans' Court or the register of wills, if the said court shall not be in session at the time of making such sale, for paying the money within six months; and in case the said party, or his guardian, shall not take the crop at the appraisement, the administrator may sell the same to any other person for ready money, or on credit, as aforesaid; provided, that he shall not sell it at less Proviso. than the appraised value, without the approbation of the Orphans' Court granting the administration, or an order prescribing the terms, by the said court, passed as aforesaid. Art. 93, s. 81. 1846, c. 279, 81 Administrator may convey real estate sold by decedent. 30 Md. 82. Proviso. Id. s. 82. 1849, c. 37. tion extended SALES OF LANDS. 199. The executor or administrator, including the administrator de bonis non, of a person who shall have made sale of real estate, and have died before receiving the purchase-money, or conveying the same, may convey said real estate to the purchaser, 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 as effectually as the deed of the party so dying would have conveyed the same; provided, the administrator of the person so dying shall satisfy the Orphans' Court granting him administration that the purchaser has paid the full amount of the purchase-money. 200. The provisions of the foregoing section shall extend to all Foregoing sec- cases where administration may have been granted by the proper to administrator authority in the District of Columbia; and in all such cases the application to procure such deed shall be made to the Orphans' Court of the city or county where the land sought to be conveyed is situate. from District of Columbia. 1865, c 51. Proceedings in sales by executors under wills. 20 Md. 527; 22 Md. 501; 27 Md. 31 Md. 71, 254; 1865, c. 162, s. 1. Proceedings does not act under will directing sale. 201. 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 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, 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 person, it shall be lawful for the Orphans' Court, upon petition in writing by the origi nal 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 directing the executor to convey the said real estate to the said assignee, his heirs and assigns. 202. In all cases in which a testator, by will, has directed his where executor or her real estate to be sold for the payment of debts, or for any other purpose, and the executor or executors therein named shall refuse or decline to act, or shall die without executing the powers 588; 37 Md. 421. vested in him or them, it shall and may be lawful for the several Orphans' Courts of this State, upon petition of any party interested, to appoint an administrator de bonis non with the will annexed, or 27 Md. 620; 30 Md. 508; 33 Md. |